IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Crl.MC.No. 2030 of 2009() ----------------------------------- LP. 9 /2007 IN CP.30/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER/ACCUSED -------------------------------- FAROOQUE,S/O. AVVA UMMA, MAMMERANTEPURAKKAL (CHEKKINTA PURAKKAL) PURATHOOR MALAPPURAM DISTRICT. BY ADV. MR.K.ABDUL JAWAD RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, TIRUR. R1 & R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2030 of 2009 -------------------------- ORDER Petitioner is the second accused in C.P.No. 30/2005 on the file of Judicial First Class Magistrate's Court, Tirur, now pending as L.P.No. 9/2007. As petitioner was absconding, the case as against the remaining six accused were committed to the Sessions Court. Fifth accused absconded. Therefore, accused 1, 3, 4, 6 and 7 were tried by the Sessions Judge in S.C.No.106/2006. Under Annexure-A judgment, Sessions Judge found them not guilty and acquitted them. 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 findings in Annexure-A judgment, there is no necessity to proceed against the petitioner and it would only result in unnecessary waste of time of the court. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 2030/09 2 3. As is clear from Annexure-A judgment, prosecution case is that on 14.12.2004 at about 7 p.m., seven accused formed themselves into unlawful assembly near the house of Farooke, who was examined as PW2 and armed themselves with deadly weapons like iron stick, etc., trespassed into the veranda and inflicted injuries on Farooke while he was talking with his aunt and third accused wrongfully restrained Farooke and accused 1 and 6 beat on his head with iron stick and petitioner/ second accused criminally intimidated him showing a knife and other accused fisted and kicked him and thereby all of them committed offences under Sections 143, 147, 148, 431, 323, 324, 448, 308 and 506(2) read with Section 149 of Indian Penal Code. As is clear from the judgment of learned Sessions Judge, when prosecution witnesses were examined, PW2, the injured and PW3, the eye witness did not support the prosecution. Learned Sessions Judge, therefore, did not record the evidence of other witnesses and acquitted the accused. While acquitting the accused, who faced trial, learned CRMC 2030/09 3 Sessions Judge observed “PWs 2 and 3 have no complaints against accused 5 and 6 and there is nothing to proceed against them. There is no meaning in re-filing their case. Even if their case is re-filed, no purpose will be served and it will be a waste of time. Hence their case is not re- filed and they are also only to be acquitted in this case.” In view of this finding, as rightly pointed out by learned counsel for the petitioner, even if the petitioner is to be tried, no fruitful purpose will be gained and instead will only result in waste of valuable time of the court. In such circumstances, in the interest of justice, the case is to be quashed. Petition is allowed. Proceedings in C.P.No. 30/2005 on the file of Judicial First Class Magistrate's Court, Tirur, now pending as L.P.No. 9/2007, as against the petitioner is quashed. 9th July, 2009 (M.Sasidharan Nambiar, Judge) tkv