SHIRAS KOYAKUNHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in two separate prosecutions, inter alia, under Section 3(1) of the P.D.P.P Act in one case and under Section 323 read with 149 I.P.C in the other. Trial against the co- accused has been completed. They have been found not guilty and acquitted. The petitioners were not available for trial and therefore the cases against them were split up. The petitioners have now appeared before the learned Magistrate. Charges have not been framed. The petitioners have rushed to this Court at this point with a prayer that the proceedings against them may be quashed.

(2.) What are the reasons ? Except that the co-accused have been acquitted, no other specific ground is raised. Of course, there is a contention that the petitioners are entitled for discharge. In the light of the acquittal of the co-accused already, charges are not liable to be framed for various offences alleged against the petitioners, it is contended.

(3.) The acquittal of the co-accused by itself, cannot operate as a valid ground for the absconding accused to claim quashing of proceedings by invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. The position has been made clear in [Moosa v. Sub Inspector of Police [2006(1) KLT 552] by a Full Bench of this Court.