IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 4105 of 2003() ----------------------------------- SC.808/2002 of II ADDL. ASSISTANT SESSIONS COURT, TRIVANDRUM .................... PETITIONERS: ACCUSED 1 TO 3 ---------------------------------------------- 1. AKBAR, S/O. KASIM, T.C.45/240, BHIMAPALLY, THIRUVANANTHAPURAM 2. ISMAIL S/O. BAHMOODHU, MAMOOTTU VILAKAM VEEDU, T.C.45/375, BHIMAPALLY, THIRUVANANTHAPURAM. 3. SHAHUL HAMEED, S/O. MOITHEEN KANNU, PUTHUVAL VEEDU, NEAR THYCAVU, BHIMAPALLY, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL. M.A. NO.6694/2003 IN CRL. M.C. NO.4105/2003 DISMIISED 22/05/2008. A.K.BASHEER, JUDGE // TRUE COPY // P.S. TO JUDGE Rs/ A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4105 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008. ORDER Petitioners who are 3 in number and 60 others were charge sheeted by Poonthura Police in Crime No.83/1992 for offences punishable under Sections 143, 144, 145, 147, 148, 149, 152, 152A, 332, 427, 436 and 307 IPC and Section 27 of the Arms Act. The prosecution case in brief was that on July 19, 1992 the accused who belonged to Muslim community along with 288 persons from the same community formed themselves into an unlawful assembly and trespassed into the residential buildings belonging to Cw.6 to 36 in prosecution of their common object of committing mischief by fire, dacoity, murder etc. and armed with deadly weapons like swords, country bombs, iron bars, choppers, sticks, stones etc. They committed mischief by destroying residential buildings by setting fire to them and also by destroying household articles. It was further alleged that they had committed theft of gold ornaments and other articles belonging to Cw. 6 thus causing a total loss of Rs.1,25,000/-. I do not deem it necessary to refer to the other allegations in the charge sheet at this stage in view of the order that I propose to pass. 2. Petitioners were arraigned as accused Nos.28, 56 and 61 respectively in the FIR. It is on record that the case against the petitioners and several others were committed to the Court of Session Thiruvananthapuram in CP.172/97 and CP.101/98. After Crl.MC.4105/2003 2 committal they were taken on file in SC.58/99 and 342/99 before the Second Additional Assistant Sessions Court, Thiruvananthapuram. It is further revealed from the records that the case against the petitioners who were arraigned as accused Nos.18, 34, 36 in SC.34/99 was split up as they were absent during trial and the case against them was re-filed as SC 808/2000 which is now stated to be pending on the file of the court mentioned above. 3. Learned Assistant sessions Judge before whom the above two cases came up for trial, found all the accused (44 in number) not guilty and they were accordingly acquitted. A true copy of the common judgment in the two cases is on record as Annexure A1. I have carefully perused the above judgment. It is seen that the prosecution had examined 34 witnesses and marked Exts.P1 to P29 in the case. None of the witnesses did support the prosecution case. None of the investigating officers and other official witnesses also did not identify any of the alleged assailants. The learned Assistant sessions Judge had acquitted the accused who faced trial even without questioning them under Section 313 of the Code of Criminal Procedure. 4. Having perused the materials available on record, I am satisfied that no useful purpose will be served if the petitioners are asked to face trial in the case pending against them. In my view such an exercise will be not only futile, but also an unnecessary drain on the exchequer; leave alone the wastage of valuable time of the court. 5. In the above facts and circumstances the proceedings pending Crl.MC.4105/2003 3 against the petitioners in SC. 808/2002 on the file of the Second Additional Assistant Sessions Court, Thiruvananthapuram are quashed. Crl.M.C is allowed. A.K. Basheer Judge. an.