VINOTH JEBA ASIT Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.8 of 2018 on the file of the learned Additional Mahila Magistrate Court, Nagercoil, Kanyakumari District.

(2.) The case of the prosecution is that there are totally five accused, in which, the petitioner was arrayed as A1. The respondent police after investigation, filed a final report and the same was taken cognizance in C.C.No.8 of 2018 by the learned Additional Mahila Magistrate Court, Nagercoil, Kanyakumari District. Since the petitioner due to some inconvenience, they could not attend the trial and hence, the case was split up and the trial was proceeded against the accused Nos.2 to 4. After completion of the full fledged trial, the learned Additional Mahila Magistrate Court, Nagercoil, Kanyakumari District has acquitted the other accused persons in C.C.No.7 of 2018 by Judgment, dated 29.11.2018 on the ground that the prosecution has not been proved the case beyond reasonable doubt and the case against the petitioners is now pending as C.C.No.8 of 2018.

(3.) The learned counsel appearing for the petitioner submitted that the 1st respondent completed the investigation and filed the final report and the same has been taken cognizance in C.C.No.8 of 2018 and thereafter, A2 to A4 appeared before the trial Court and conducted the case, which was also ended in acquittal vide judgment dated 29.11.2018. Since, the petitioner/A1 went to another state and non bailable warrant has been issued as against her and also, since the same was unable to execute the warrant issued against the petitioners, the trial Court split up the case insofar as A2 to A4/the petitioner is concerned in C.C. No.8 of 2018 and it is now pending. The trial Court acquitted the other accused on the ground that the prosecution did not prove the case beyond doubt.