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. 3067 of 2009 ---------------------------------- (CRIME NO. 467/1999 OF THE PATTAMBI POLICE STATION) ............ PETITIONER/ 4TH ACCUSED/A1 IN L.P.4/2005: ----------------------------------------------------------------- N.MUHAMMEDALI,S/O.KAMMUKKUTTY, NORIANTHODI VEEDU,SANKARAMANGALAM, PATTAMBI,PALAKKAD DISTRICT. BY ADV. MR.C.RAGHAVAN. RESPONDENT: ---------------------- STATE OF KERALA, 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 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3067 of 2009 -------------------------- ORDER Petitioner was the fourth accused in C.C.No. 43/2007 on the file of Judicial First Class Magistrate's Court, Pattambi. Prosecution case was that the 30 accused therein formed themselves into an unlawful assembly and in furtherance of their common object, on 6.12.1999, in protest against the demolition of Babari Masjid, obstructed the vehicular traffic and committed riot and blocked the police bus and also pelted stones and broken the glasses of the bus and thereby committed the offences under Sections 143, 147, 148, 341 and 435 read with Section 149 of Indian Penal Code and Section 3(2)(c) of PDPP Act. As petitioner and three other accused were absconding, learned Magistrate committed the case as against the remaining 26 accused to Sessions Court, Ottapalam, which was taken cognizance as S.C.No.794/2007. CRMC 3067/09 2 Under Annexure-B judgment, after recording the evidence, finding that there is no evidence to identify the members of the unlawful assembly, the said accused were acquitted. The case as against the petitioner was transferred to the long pending register and was numbered as L.P.No.4/2005. 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 order of acquittal of the co-accused, even if petitioner is to be tried, there is no likelihood of a conviction. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A final report shows that there was no specific allegation as against the petitioner, except that he was also one among the 30 members of the unlawful assembly, who committed the offences. Annexure-B judgment shows that 26 out of the thirty accused, who were tried by the learned Sessions CRMC 3067/09 3 Judge, were acquitted. In view of the evidence recorded therein and the order of acquittal, it is clear that even if petitioner is to be tried, there is no likelihood of a conviction. In such circumstances, it would result only in unnecessary waste of valuable time of the court. Petition is allowed. The case as against the petitioner, now pending as L.P.No.4/2005 on the file of Assistant Sessions Court, Ottapalam, is quashed. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv