ANISH Vs. STATE OF KERALA

JUDGEMENT

(1.) Sole accused in C.C. No. 180/2011 on the file of the Judicial First Class Magistrate Court, Nedumkandom is the petitioner herein who filed this petition to quash the proceedings under Section 482 of Code of Criminal Procedure.

(2.) The present petitioner was arrayed as original 3rd accused in Crime No. 187/2005 of Nedumkandom police station alleging that he along with other accused persons formed in to an unlawful assembly in the courtyard of the house by name Meppurathu Veedu with No. P.P II/47 at Thanimoodu, in Pampadumpara Village with a common object to cause hurt to CW8 with an intention to deter him from discharge his official duty as a public servant and thereby, all of them have committed the offence punishable under Sections 143, 147, 332 read with Section 149 of Indian Penal Code.

(3.) After investigation, final report was filed against five accused persons including the present petitioner which was taken on file as C.C. No. 493/2005 on the file of the Judicial First Class Magistrate Court, Nedumkandom. Since the present petitioner did not appear, the learned magistrate proceeded with the case against the other accused persons namely accused Nos. 1, 2, 4 & 5 and after evidence, as per Annexure I Judgment, acquitted the above accused persons holding that the prosecution has failed to prove the case and the case of the prosecution is doubtful and the case against the present petitioner was split up and refiled as C.C. No. 180/2011. The present petition has been filed by the petitioner to quash the proceedings on the ground that since other co-accused were acquitted, he is entitled to get the benefit of that judgment. Further, the discussion from the judgment will go to show that the substratum of the prosecution case has been shattered and court below on appreciation of evidence, came to the conclusion that the case of the prosecution is false and there is no possibility of such an incident happening and acquitted the remaining accused persons and no purpose will be served by proceeding with the case and proceeding with the case will only amount to wastage of judicial time and he has no other option except to approach this court for the following relief: