IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 450 of 2009(C) ------------------------------------ SC.NO.513/2008 OF PRINCIPAL ASSISTANT SESSIONS COURT, THALASSERY. .................... PETITIONERS/ ACCUSED AND INJURED: ---------------------------------------------------------- 1. SHAJAHAN, S/O.ABDUL RAZACK, KAVUNGAL VEEDU, ADAKKATHODE, KELAKOM, KANNUR DISTRICT. 2. P.P.AZEEZ, S/O.SAIDU MOHAMMED, PUTHENPRAMBIL, KELAKOM, ADAKKATHODE, ADAKKATHODE, KELAKOM, KANNUR DISTRICT. 3. MUTHALAPRA SEBASTIAN @ ACHANKUNJU S/O.JOSEPH, ADAKKATHODE, KELAKOM, KANNUR DISTRICT. 4. P.JOSEKUTTY, S/O.VARKEY, POUVATHIL, SANTHIGIRI, KELAKOM, KANNUR DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATION HOUSE OFFICER, KELAKOM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 450 of 2009-C ================== Dated this the 5th day of June, 2009. O R D E R First Petitioner was originally fourth accused in S.C.No.718/2001 on the file of Principal Assistant Sessions Court, Thalassery. Other petitioners are the injured in the case. Prosecution case is that on 21-5-1999 at about 6 PM in furtherance of the criminal conspiracy to cause death of second petitioner herein, second accused gave a knife to first accused, who trespassed into the shop of second petitioner and with the intention to kill him inflicted injuries on him as well as petitioners 3 and 4 and thereby committed offences under Sections 448, 324, 326, 307 and 120B read with Section 34 of Indian Penal Code. As first petitioner/fourth accused was absconding, the case as against him was split up and included in the L.P. Register. Other accused were tried by the Assistant Sessions Judge. First accused had died pending trial and the offences as Crl.M.C.No.450/2009-C -2- against him was abated. It was under Annexure A3 judgment dated 9-10-2007, Assistant Sessions Judge found accused 2 and 3 not guilty and acquitted them. After first petitioner surrendered, the case as against him was refiled as S.C.No.513/2008 and is now pending before the Principal Assistant Sessions Court, Thalassery. First petitioner along with petitioners 2 to 4, the injured in the case, filed this petition under Section 482 of Code of Criminal Procedure to quash S.C.No.513/2008 contending that the case of petitioners 2 to 4 are that only deceased first accused had inflicted injuries on them and first petitioner is not involved in the case and therefore there is no need to try the first petitioner. 2. Annexure A5 statement is filed by petitioners 2 to 4 jointly stating that when they were examined as prosecution witnesses in S.C.No.718/2001 it was deposed by them that only the first accused was involved in the incident and though the other accused are the brothers of Crl.M.C.No.450/2009-C -3- first petitioner, they were not involved in the incident and did not commit any offence. It is therefore contended by the petitioners that there is no necessity to continue the case as against the first petitioner. 3. Learned Counsel appearing for petitioners and learned Public Prosecutor were heard. 4. Annexure A3 judgment establishes that when the prosecution witnesses were examined in the case where the other accused were tried, they deposed that only the deceased first accused was involved in the incident. None of the witnesses had spoken about any conspiracy. As stated earlier, prosecution case is that pursuant to the criminal conspiracy and in furtherance of their common intention, second accused handed over a knife to first accused and first accused trespassed into the shop room and thereafter inflicted the injuries on petitioners 2 to 4. Accused 2 and 3 were already acquitted. Statement of the injured petitioners 2 to 4, who were examined earlier, Crl.M.C.No.450/2009-C -4- establish that even if they are again examined in this case they will not depose that first petitioner was involved in the incident. In such circumstances, no purpose will be served by continuing the trial as against first petitioner as there is no possibility of a conviction. It would only result in waste of valuable time of the Court, which could otherwise effectively used. In such circumstances, in the interest of justice, S.C.No.513/2008 pending before Principal Assistant Sessions Court, Thalassery with first petitioner as the accused is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr