IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 993 of 2010 -------------------------------- [CC.NO.4639/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA, CRIME NO.171/2007 OF IRINJALAKUDA POLICE STATION] .................... PETITIONER/11TH ACCUSED: ------------------------------------------ UMESH, AGED 18 YEARS, S/O.MAHIPAL, CHERUPPARAMBIL HOUSE, IKKARAKKUNNU DESOM, POOMANGALAM VILLAGE, THRISSUR DISTRICT. BY ADV. MR.RAJESH CHAKYAT. RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.993 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petitioner is the eleventh accused in C.C.2062/2007 on the file of Judicial First Class Magistrate, Irinjalakuda taken cognizance for the offence under Sections 143, 147, 447 and 427 read with Section 149 of Indian Penal Code and Section 27 of Arms Act. As petitioner was absconding, case as against him was split up and re-filed as C.C.4639/2009 and the other accused were tried. By Annexure-3 judgment, those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that in the light of the order of acquittal Crmc 993/10 2 against all the remaining co-accused, even if petitioner is to be tried there is no likelihood of a successful prosecution and hence it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Prosecution case is that on 11/3/2007 at about 10.15 p.m, twelve accused persons formed themselves into an unlawful assembly and armed with deadly weapons, criminally trespassed into the courtyard of the house of Girish and damaged his car and motor cycle and thereby caused loss of Rs.40,000/- and committed the offences. Annexure-3 judgment shows that except the eleventh accused, whose case was split up, all other accused were acquitted. Crmc 993/10 3 It is clear from the judgment that owner of the house and the motor vehicles which were damaged though examined did not support the prosecution. So also the eye witness who was examined. In such circumstances, the other prosecution witnesses were not examined. Even the accused were not questioned under Section 313 of Code of Criminal Procedure. There is no specific case of any overt act on the part of the petitioner. The only allegation is that he was also one among the twelve members of the unlawful assembly. In such circumstances, when 11 of the remaining 12 accused were already acquitted by Annexure-3 judgment, even if petitioner is to be tried, there is no likelihood of a successful prosecution. It would result only in unnecessary waste of Crmc 993/10 4 valuable time of the court. Petition is allowed. C.C.4639/2009 on the file of Judicial First Class Magistrate, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.