IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 4180 of 2009() ------------------------- AGAINST THE ORDER IN LP.30/2009 IN SC NOS.829 AND SC.830 /2005 of III ADDL. SESSIONS COURT (ADHOC) FAST TRACK COURT I, THRISSUR .................... PETITIONER(S): 5TH ACCUSED: ------------------------------------------------- ANOOP, S/O.SIVASANKARAN, VADAKKEDATH VEETTIL, VENKITANGU DESOM, NAGALASSERY VILLAGE, NOW RESIDING AT VADAKKE PAYANKALODATH HOUSE, POST PERINGODE, PALAKKAD 679 535. BY ADV. MR.P.R.VENKETESH RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, GURUVAYOOR. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4180 OF 2009 ------------------------------------------ Dated 15th January 2010 O R D E R Petitioner is the fifth accused in C.P.13/2004 on the file of Judicial First Class Magistrate, Chavakkad. As accused 3,5 and 11 were absconding, the case as against accused 1,2,4, 6 to 10, 12, 13 and 14 was committed to the Sessions court after splitting up and refiling the case as against accused 3,5 and 11. The case committed was taken on file by the learned Sessions Judge as S.C.829/2005. When presence of the eleventh accused was procured later, that case was also committed to the Sessions court and taken cognizance as S.C.830/2005. While the said Sessions cases were pending, eighth accused Crmc 4180/09 2 absconded and therefore, the case as against him was split up and as against him and the other accused were tried jointly in S.C.829/2005 and 830/2005. By Annexure-I judgment, all those accused were acquitted. Subsequently the case as against the petitioner and third accused was committed to the Sessions court as S.C.162/2008. As presence of the petitioner could not be procured, it was removed to the long pending register and is now pending as L.P.30/2009 on the file of Third Additional Sessions court, (Adhoc) Fast Track-I, Thrissur. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the case as against him contending that there is no specific allegation as against the petitioner, except the allegation as against co-accused and when the co-accused Crmc 4180/09 3 were acquitted, in the light of the evidence let in, there is no likelihood of a conviction and therefore, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Prosecution case, as is clear from Annexure-1 judgment, is that the accused (fourteen in number) formed themselves into an unlawful assembly with the common object of causing hurt with the intention to cause death of Rajith, Bijeshkumar and Sunish and in furtherance of their common object, armed with deadly weapons attacked them and inflicted injuries and thereby committed offences under Sections 143, 147, 148, 323, 324, 326 and 307 read Crmc 4180/09 4 with Section 149 of Indian Penal Code. Annexure-I judgment reveals that the injured, when examined, did not support the prosecution case. So also the witnesses cited to prove the occurrence when examined deposed that they did not see the accused persons at the time of the incident. In the light of the evidence, learned Sessions Judge acquitted those accused. When there is no specific case of any overt act as against the petitioner and the case is only that he was only one of the members of the unlawful assembly, there is no likelihood of a conviction as canvassed by the learned counsel appearing for the petitioner as the other members of the unlawful assembly was already acquitted, on the evidence. If so, even if petitioner is to be tried, the chance of a successful prosecution is very bleak. Crmc 4180/09 5 Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.30/2009 on the file of Third Additional Sessions Judge (Adhoc), Fast Track-I, Thirssur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.