IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 3994 of 2009() ------------------------- CC.211/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): 6TH ACCUSED -------------------------- M. GOPINANTHAN @ GOPI, S/O. M. RAGHAVAN NAIR, AGED 45 YEARS, RESIDING AT PULUKKRU VEEDU, PEROLE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.P. RAFEEQUE, S/O. C.H. ABDUL KHADER, ANANDANPALLAM, P.O. PADANNAKKAD, KASARAGOD. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3994 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioner is the third accused in C.C.667/2004 now pending as C.C.211/2007 on the file of Judicial First Class Magistrate-I, Hosdurg. Prosecution case is that on 8/10/1999 at about 10.30 p.m six accused formed themselves into an unlawful assembly, armed with deadly weapons committed riot and also inflicted injuries to the four charge witnesses and thereby committed offences under Sections 143, 147, 148, 341, 323, 324 read with Section 149 of Indian Penal Code. Accused 2, 3 and 4 were tried by the learned Magistrate in C.C.1110/1999, after the case as against accused 1,5 and 6 was split up Crmc 3994/09 2 and re-filed as C.C.667/2004 and on the evidence those accused were acquitted. Accused 1 and 5 subsequently appeared and were tried by the learned Magistrate in C.C.667/2004. By Annexure-2 judgment, they were also acquitted. Now only the case against the petitioner remains. This petition is filed under 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 remaining accused and failure to adduce any evidence by the injured, it is not in the interest of justice to continue the prosecution, when there is no likelihood of a conviction. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor Crmc 3994/09 3 were heard. 3. Annexure-1 final report taken cognizance by the learned Magistrate shows that the injured who were members of the Communist Party of India(Marxist), were on enmical terms with the accused who belongs to Congress(I) and consequent to the political enmity accused formed themselves into an unlawful assembly on 8/10/1999 at about 10.30 p.m and in furtherance of their common object of inflicting injuries to the injured witnesses, armed with deadly weapons attacked them, after wrongfully restraining them and caused hurt and thereby committed the offences. 4. Annexure-2 judgment shows that even though accused 2,3 and 4 were tried in C.C.1110/1999, on the evidence learned Crmc 3994/09 4 Magistrate found them not guilty and acquitted them. Annexure-2 judgment shows that when the remaining accused 1 and 5 faced trial in C.C.667/2004, prosecution did not examine any witness and they were acquitted. When the case as against the petitioner is only on the ground that he was also one among the members of the unlawful assembly and when there is no specific case of any overt act against the petitioner and the overt act alleged is only against the second accused, who was already acquitted, it is clear that even if petitioner is to be directed to undergo the ordeal of a trial, there is no likelihood of a conviction. It would only result in unnecessary waste of valuable time of the court. As is clear from Annexure-2 judgment, when accused 1 and Crmc 3994/09 5 6 were tried prosecution did not examine any witness. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.211/2007 on the file of Judicial First Class Magistrate-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.