K.THILIPKUMAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in P. R. C. No. 17 of 2018 on the file of the Judicial Magistrate Court No. 2, Kumbakonam, as against the petitioner.

(2.) The case of the prosecution is that there are totally twenty accused in this case and the petitioner is A12. On 26. 06. 2013 at about 4.00 p. m. , this petitioner/A12 along with some other persons went to the Kumbakonam Municipality and there arose some dispute. On the very next day, ie., on 27.6.2013 at about 12.30 pm. , the accused persons, numbering 20, including the petitioner herein, entered into the office of the de-facto complainant and said to have assaulted the employees of the Municipality and also caused damage to the property. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner submitted that the first respondent police completed the investigation and filed a final report and the same has been taken cognizance in S. C. No. 108 of 2018 and thereafter, A1 to A11 and A13 to A20 appeared before the trial Court and conducted the case, which was ended in acquittal vide judgment, dated 24.8.2018. Initially, the case was taken on file in P. R. C. No. 17 of 2018 and thereafter, the trial Court split up the case insofar as the petitioner/A12 is concerned as S. C. No. 161 of 2018 and now it is pending. The trial Court acquitted the other accused on the ground that the prosecution did not prove the case beyond doubt.