RAJEEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused Nos.1 to 5 in C.C.No.261 of 2014 on the file of the Judicial Magistrate of First Class Court, Payyoli. The aforesaid case has arisen from Crime No.297 of 2010 of Kuttiadi Police Station registered for the offences punishable under Section 143, 147, 148, 160, 435, 427 read with Section 149 of the IPC and under section 3(2)(e) of the PDPP Act.

(2.) After investigation, final report was laid before the jurisdictional Court arraying 30 persons as the accused. The petitioners were arrayed as 14, 22, 24, 26 and 30 in the final report. The petitioners did not appear before the court below and face the trial. The case was proceeded against accused Nos.1 to 13, 15 to 21, 23, 25 and 27 to 29. They were found not guilty by the learned Magistrate and were acquitted under section 248(1) of the Code of Criminal Procedure. (hereinafter referred to as the "Code").

(3.) The petitioners have preferred this petition under Section 482 of the Code seeking to quash the above proceedings on the ground that the substratum of the case has been shattered in view of the acquittal of the co-accused.