IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 4637 of 2010() ------------------------------------- CRIME NO.92/1999 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. *C.P.6/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM. * THE CASE NO. IS CORRECTED AS C.P.80/2006 INSTEAD OF C.P.6/2005 AS PER ORDER DATED 22/12/2010 IN CRL.MA.NO.8168/2010. ........................ PETITIONER/ACCUSED NO.2 ------------------------------------------- SABU, AGED 39 YEARS, S/O.SAHAD, KONGAL CHERIYIL, KOLLAVILAKATHU HOUSE, PARAVOOR KOTTAPURAM VILLAGE, KOLLAM. BY ADV. SRI.PRADEESH CHACKO RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. CIRCLE-INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM, PIN-695 001. 2. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4637 OF 2010 =========================== Dated this the 22nd day of December,2010 ORDER Petitioner was the second accused in C.P.6/2005 on the file of Judicial First Class Magistrate Court-III, Thiruvananthapuram taken cognizance for the offence under section 120B and 302 read with section 34 of Indian Penal Code. As petitioner was absconding, case against him was split and refiled as C.P.80/2006. The case against the first respondent was committed to the Sessions Court. It was taken on file as S.C.2236/2006 and made over to Additional Sessions Court, Thiruvananthapuram for trial. By Annexure III order learned Additional Sessions Judge discharged the said accused under section 227 of Code of Criminal Procedure finding that on the materials, the offences are not attracted. Crl.M.C.4637/2010 2 Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings against the petitioner contending that when prima facie no offence is attracted, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Prosecution case is that the two accused in furtherance of their common intention to murder Sri.Sivankutty, the Mayor of Thiruvananthapuram Corporation roamed around Thiruvananthapuram city in KL-7N 9316 on 24.4.1999, 23.4.1999 and 24.4.1999 and thereby committed the offences. Learned Sessions Judge in Annexure III order elaborately considered the evidence sought to be adduced in support of the prosecution case. After analysing the evidence sought to be adduced by the prosecution and going through the case diary, learned Additional Sessions Judge found that even Crl.M.C.4637/2010 3 if the statements of the prosecution witnesses are to be accepted, no prima facie case is made out and no purpose will be served by directing the accused to undergo trial. As there is no legal evidence, the first accused was discharged by order dated 25.10.2007. That order of discharge has not been challenged so far. In such circumstances, when the evidence to be adduced is the same which was considered by the learned Additional Sessions Judge in Annexure III order, it is not in the interest of justice to continue the prosecution against the petitioner. Moreover when the prosecution case itself is that there was a conspiracy to murder and the case against the co-conspirator stands terminated by the order of discharge finding that no offence is attracted, on the very same facts and materials the case against the petitioner will not stand. In such circumstances the case can only be quashed. Petition is allowed. C.P. 80/2006 on the file Crl.M.C.4637/2010 4 of Judicial First Class Magistrate Court-III, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006