IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1603 of 2011() ------------------------------------ SC.57/2009 OF ADDITIONAL DISTRICT & SESSIONS COURT, VADAKARA .................... PETITIONER(S): ACCUSED ---------------------- KUNHABDULLA, S/O. SOOPY, CHANIYAM KADAVATH HOUSE, THIRUVALLUR AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1603 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE FINAL REPORT IN S.C.57/09 ON THE FILE OF THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VADAKARA. ANNEXURE A2: COPY OF THE JUDGMENT IN SC.432/2001 DATED 30/01/2004 PASSED BY THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VADAKARA. ANNEXURE A3: COPY OF THE DEPOSITION OF PW1 IN S.C.432/2001, THE DEFACTO COMPLAINANT. ANNEXURE A4: COPY OF THE DEPOSITION OF PW2 IN S.C.432/2001. ANNEXURE A5: COPY OF THE DEPOSITION OF PW3 IN S.C.432/2001. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1603 of 2011 -------------------------------------- Dated this the 10th day of June, 2011. ORDER Petitioner is accused in Crime No.455 of 2000 of Vadakara Police Station and S.C.No.57 of 2009 of the court of learned Additional Sessions Judge, Vadakara for offence punishable under Section 436 read with Section 34 of the Indian Penal Code. Case is that on 23.07.2000 petitioner and others set fire to certain shoprooms due to political enmity. Other accused faced trial in S.C.No.432 of 2001 and were acquitted vide Annexure-A2, judgment since none of the material witnesses supported the prosecution. Case against petitioner was re-filed as S.C.No.57 of 2009 and is now pending before learned Additional Sessions Judge, Vadakara. Petitioner seeks to quash proceeding against him in the light of above. I have heard learned counsel for petitioner and the learned Public Prosecutor. I have perused the records. 2. It is seen from Annexure-A2, judgment that other accused were acquitted since none of the prosecution witnesses for the alleged incident supported it. PWs 1 to 3 are the witnesses cited by prosecution. Annexures-A3 to A5 are copy of depositions of those witnesses. PW1 is not a witness to the incident. He merely lodged the first information statement. PWs 2 and 3 are the witnesses cited by prosecution to prove the incident. They claimed that they have not witnessed the incident. Crl.MC No.1603/2011 2 3. Thus, evidence of PWs 1 to 3 and Annexure-A2, judgment in S.C.No.432 of 2001 destroyed the substratum of prosecution case. In that view of the matter, it is a wasteful exercise to send petitioner for trial. In the circumstance I am inclined to interfere. Resultantly this Criminal Miscellaneous Case is allowed. Proceeding against petitioner in S.C.No.57 of 2009 of the court of learned Additional Sessions Judge, Vadakara (fourth accused in Crime No.455 of 2000 of Vadakara Police Station) is quashed. THOMAS P.JOSEPH, Judge. cks