IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 2290 of 2009(A) -------------------------------------- [CRIME NO. 424/1998 OF NADAKKAVU POLICE STATION] .................... PETITIONER/ ACCUSED: ----------------------------------- AJMAL, S/O.MUHAMMED, ENNA CHINNA, PANDAKASSALA, PARAKKATTU, FEROKE, PETTAH P.O., CALICUT. BY ADV. MR.P.M.HABEEB. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.424 OF 1998 OF NADAKKAVU POLICE STATION). BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2290 of 2009 -------------------------- ORDER Petitioner was Accused No.70 in Crime No. 424/1998 of Nadakkavu Police Station, registered for the offences under Sections 143, 147, 148, 332 and 395 read with Section 149 of Indian Penal Code, which was taken cognizance by the learned Magistrate on Annexure-2 final report for the said offences along with offence under Section 3(2)(e) of PDPP Act against 93 accused. As some of the accused were absconding, the case as against those accused was split up and learned Magistrate committed the case as against accused 2 to 5, 7, 8, 10, 11, 13 to 27, 29, 30, 41, 43 to 46, 49, 50, 52, 53, 56 to 63, 65 to 73, 75, 87 and 92. They were tried by the learned Sessions Judge in S.C.No. 481/2000. Case as against some other accused was also subsequently committed to the Sessions Court, which was taken on file as S.C.No.355/2000. All of CRMC 2290/09 2 them were also tried and acquitted. 11 accused were subsequently tried in S.C.No.455/2002 and S.C.No. 456/2002, after the case as against them was committed to the Sessions Court. They were also acquitted. Presence of 8 accused were thereafter procured and the case as against them was committed to the Sessions Court. They were tried in S.C.No. 260/2003. They were also acquitted as per Annexure-1 judgment dated 28.10.2006. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that in the light of the order of acquittal, as against co-accused, even if petitioner is to be tried, there is no likelihood of a conviction and therefore, in the interest of justice, the case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-2 final report shows that the case as against the petitioner was only that he was also CRMC 2290/09 3 one among the 93 members of the unlawful assembly. There is no specific case of any overt act or independent offence committed by the petitioner. As rightly pointed out by the learned counsel appearing for the petitioner, when all the co- accused were tried and acquitted in S.C.Nos. 355/2000, 481/2000, 455/2002, 456/2002 and 260/2003, even if petitioner is directed to undergo the ordeal of a trial, it will serve no purpose, except waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue with the prosecution. Petition is allowed. S.C.No.104/2009 on the file of II Additional Assistant Sessions Court, Kozhikode (Crime No.424/1998 of Nadakkavu Police Station) as against the petitioner is quashed. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv