IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Crl.MC.No. 2504 of 2009() ------------------------------------ CC.797/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER/ACCUSED A-15 ---------------------------------------- SHIBU. K.S., AGED 27 YEARS, S/O.SUBRAHMANIAN, KATTARUKUDIYIL HOUSE, KORANCHIRA POST, PANAMKUTTY, PALAKKAD DISTRICT. BY ADV. MR.SAIBY JOSE KIDANGOOR MR.BENNY ANTONY PAREL RESPONDENT/STATE AND COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. ASSISTANT SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, VADAKKENCHERRY. R1 & R2 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2504 of 2009 -------------------------- ORDER Petitioner was the 15th accused in C.C.No. 797/2004 on the file of Judicial First Class Magistrate's Court, Alathur. Prosecution case is that on 28.5.2004 at about 11 a.m. the fifteen accused, under the leadership of the first accused, formed themselves into an unlawful assembly and shouted slogans against the Sub Inspector of Police after causing obstruction to the road and prevented the police officials from going out of the station premises and thereby committed offences under Sections 143, 147, 283,188 and 342 read with Section 149 of Indian Penal Code. Except the petitioner, the other fourteen accused were tried by the Magistrate and as per Annexure-B judgment, acquitted all of them. Case as against the petitioner was refiled as C.C.No.398/2008, as he was absconding. This petition is filed under CRMC 2504/09 2 Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that in view of the order of acquittal as against the co-accused, even if petitioner is to be tried, there is no chance of a conviction. It is also contended that on the evidence, under Annexure-B judgment, learned Magistrate found that evidence of PWs 1 and 2 are inconsistent and the versions of PW1 is even contrary to his F.I. Statement and in such circumstances, even if petitioner is to be tried, there is no chance of a conviction and therefore, the case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Normally, the fact that co-accused were acquitted, by itself, is not a ground to invoke the extraordinary inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure to quash the case as against the absconding accused. But, when, in the light of the findings in CRMC 2504/09 3 Annexure-B judgment, there is absolutely no chance of a conviction, even if petitioner is to be tried and it would result only in waste of the valuable time of the court, with no possibility of a conviction, it is not, in the interest of justice, to continue the proceedings as against the petitioner. Petition is allowed. C.C.No.398/2008 on the file of Judicial First Class Magistrate's Court, Alathur as against the petitioner is quashed. 10th August, 2009 (M.Sasidharan Nambiar, Judge) tkv