IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.MC.No. 3218 of 2009() ------------------------- CC.566/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT,OTTAPPALAM (L.P.80/03) .................... PETITIONER(S): ACCUSED: ----------------------- VINU @ VINOD, S/O.VASUDEVAN, MUNDIRIKKAL VEEDU, AMBALAPPARA, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3218 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R Petitioner was the second accused in C.C.566/1998 on the file of Judicial First Class Magistrate, Ottapalam. Prosecution case is that on 7/8/1998 at about 12 noon, while PW1 was constructing a boundary wall in front of the property, accused formed themselves into an unlawful assembly with the common object of intimidating and causing hurt to the de facto complainant, intimidated her and threatened that she would be killed and also caused hurt to her and also made utterances and thereby committed the offences under Sections 143, 147, 323, 506(ii) and 294 (b) read with Section 149 of Indian Penal Code. As petitioner was absconding, case as against him was split up and re-filed as C.C.230/2002 and the remaining accused were tried. On the evidence under Annexure-B judgment dated 24/6/2002 learned Magistrate found that though PW1 supported the prosecution case, her evidence was sought to be supported by her CRMC 3218/09 2 daughter-in-law who was examined as PW2 and their evidence cannot be believed and decision of the civil court is against PW1 and it is not safe to rely the evidence of PW1. Learned Magistrate found that the case was falsely made out and the real incident was only exchange of words between the de facto complainant and the accused and there was civil dispute. In such circumstances, it was found that accused did not commit the offences as alleged and they were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure by the absconding accused to quash the case now pending as L.P.80/2003 on the file of Judicial First Class Magistrate, Ottapalam contending that in view of the order of acquittal as against co-accused and the findings therein and as the case against petitioner is only that he was one among the members of unlawful assembly, even if he is to be tried, there is no likelihood of conviction and therefore, case is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A final report based on which cognizance was taken, establish that except the CRMC 3218/09 3 allegation that petitioner was also one among the members of the unlawful assembly and he along with accused 3,4, 5 and 7 had threatened the de facto complainant, there is no specific case as against the petitioner. Annexure-B judgment shows that the other members of the alleged unlawful assembly were already acquitted after trial, finding that they did not commit the offences. In view of the finding in Annexure-B judgment, when allegation is only that petitioner was also one among the members of unlawful assembly, when other members of the unlawful assembly were already acquitted there is no likelihood of a successful prosecution. Even if petitioner is to be directed to undergo the ordeal of a trial, it would only result in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.80/2003 on the file of Judicial First Class Magistrate, Ottapalam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.