IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Crl.MC.No. 2937 of 2009() ------------------------- CC.222/1997 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... (CRIME NO.29/1997 OF NALLALAM POLICE STATION) PETITIONER(S): ------------------------- ANWAR PREVIOUSLY KNWON AS ANILKUMAR VELAYUDHAN, AGED 36 YEARS, S/O.VELAUYDHAN, 4/563/B, P&T QUARTERS, NALLALAM POST, KOZHIKODE. BY ADV. MR.MANJERI S.SUNDER RAJ RESPONDENT(S): --------------------------- STATE OF KERALA, STATION HOUSE OFFICER, NALLALAM POLICE STATION, KOZHIKODE CRIME NO.29 OF 1997, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2937 OF 2009 ------------------------------------------ Dated 8th September 2009 O R D E R Petitioner is the second accused in C.C.222/1997 on the file of Judicial First Class Magistrate-V, Kozhikode which is re-filed as C.C.110/2002 and now pending as L.P.49/2004 on the same court. First accused is the father of the petitioner. Prosecution case is that in furtherance of their common intention on the night of 14/2/1997 at about 10 p.m, both the accused trespassed into the house of CW1 Abdul Samed while CW2 Jameela, his wife was there and caused hurt to both of them by beating with their hands and thereby committed offences under Sections 448 and 323 read with Section 34 of Indian Penal Code. As petitioner was absconding, case as against him was split up and re-filed as C.C.110/2002. His father the first accused was tried. Under Annexure-2 judgment learned Magistrate acquitted first accused holding that prosecution failed to establish the offence. Case as against the petitioner CRMC 2937/09 2 was subsequently removed to the register of long pending cases. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against him contending that in view of the evidence recorded in C.C.222/1997 and the order of acquittal of the first accused, case as against the petitioner is to be quashed. In the alternative petitioner sought a direction to the Magistrate to dispose the case within a time frame. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Annexure-2 judgment shows that the injured were examined as Pws.1 and 2 and two other witnesses were examined as eye witnesses. Both the eye witnesses turned hostile and did not support the prosecution case at all. Learned Magistrate on appreciation of the evidence found that based on the evidence of Pws.1 and 2 the accused cannot be convicted. In the light of said evidence and the findings, it is not possible to convict the petitioner, even if Pws.1 and 2 who were examined earlier, are again examined and they deposed the same facts. In view of Annexure-2 judgment, it is not possible to take a CRMC 2937/09 3 different view than what was originally taken. In such circumstances, when there is no possibility of a conviction, even if petitioner is to be tried and the trial would only result in waste of valuable time of the court. Hence it is not in the interest of justice to proceed with the case. In such circumstances, case pending against petitioner is to be quashed. Petition is allowed. L.P.49/2004 (C.C.110/2002) on the file of Judicial First Class Magistrate-V, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.