V KANNAN Vs. S I OF POLICE

JUDGEMENT

(1.) PETITIONER who was the 4th accused in C.C. 319/03 0on the file of the J.F.C.M. Kasaragod for offences punishable under Sections 447, 323 and 324 read with Sec. 34 I.P.C. stood trial before that court till the stage of examination under Sec. 313 Cr.P.C. Thereafter, he was absconding, consequent on which the case against him was refiled as C.C. 1150/06 in which he is the 2nd accused. C.C. 319/03 was proceeded with against the remaining accused and it is said to have ended in acquittal. While so, the petitioner has approached this Court seeking a direction to quash the charge-sheet in C.C. 1150/06 and to recall the non-bailable warrant issued against him.

(2.) THE prayer to quash the charge on the basis that the co-accused has been acquitted cannot be granted in the light of the recent decision of the Full Bench of this Court. THE petitioner will have to face the trial independent of the judgment rendered in C.C. 319/03. But at the same time, since he had faced trial in C.C. 319/03 till the stage of examination under Sec. 313 Cr.P.C. a de novo trial in C.C. 1150/06 may not be necessary. THE learned counsel for the petitioner also agrees that the petitioner has no objection in treating the evidence recroded in C.C. 319/03 as the evidence in C.C. 1150/06. Accordingly, this Crl.M.C. is disposed of directing the petitioner to surrender before the J.F.C.M.-I, Kasaragod who shall release the petitioner on bail on appropriate conditions and shall also proceed with C.C. 1150/06 after treating the evidence recorded in C.C. 319/03 until the stage at which the petitioner absconded in that case and shall complete the trial expeditiously.