IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Crl.MC.No. 3308 of 2009() ------------------------- SC.794/2007 of ASSISTANT SESSIONS COURT, OTTAPPALAM S.C.201/09 OF ASSISTANT SESSIONS COURT, OTTAPALAM .................... PETITIONER(S): --------------- ABOOBACKER, AGED 40 YEARS, S/O.MUHAMMED, CHUDUPARAMBIL HOUSE, P.O. PERUMUDIYOOR, PATTAMBI, OTTAPALAM TALUK, PALAKKAD DIST. BY ADV. SRI.D.ANIL KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI, POLICE STATION, PATTAMBI, PALAKKAD DIST. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3308 OF 2009 ------------------------------------------ Dated 27th October 2009 O R D E R Petitioner is the accused No.20 in S.C.794/2007 on the file of Assistant Sessions Judge, Ottapalam. Prosecution case is that on 6/12/1999, a harthal was called by P.D.P a political party in protest against demolition of Babri Masjid and at about 3 p.m the thirty accused persons formed themselves into an unlawful assembly and committed rioting armed with weapons and blocked police bus No.KRP-8626 and destroyed the bus and set fire and caused a damage of Rs.23,000/- and thereby committed offences, under Sections 143, 147, 341 and 426 read with Section 149 of Indian Penal Code and Section 3(2) (c) of P.D.P.P Act. As petitioner and accused Nos.27 to 30 were absconding, case as against them were split up and re-filed as S.C.201/2009 remaining 26 accused were tried by the learned Assistant Sessions Judge. By Annexure-A11 judgment, those accused were found not guilty and were acquitted. Subsequently Crmc 3308/09 2 fourth accused, in the split up case filed Crl.M.C.3067/2009 to quash the case as against him contending that in view of the order of acquittal as against the co-accused and the findings therein that identity of the accused is not established it is not in the interest of justice to continue the case. By Annexure-A12 order, this court has already quashed the case as against the fourth accused. This petition is filed by accused No.20 to quash the case as against him contending that in view of the evidence already let in S.C.794/2007, in the absence of specific case as against the petitioner, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As is clear from Annexure-A11 judgment 26 of the thirty accused were acquitted finding that identity of the accused could not be established as the witnesses did not identity the persons who committed the offences. In the light of the findings in Annexure-A11 judgment and nature of the evidence already let in by the prosecution witnesses, even if petitioner is to be tried, there is no likelihood of Crmc 3308/09 3 successful prosecution. It is for this reason Crl.M.C.3067/2009 the case against the fourth accused was quashed by Annexure-12 order. As continuation of the prosecution would only result in unnecessary waste of valuable time of the court, it is not in the interest of justice to continue the prosecution. Hence petition is allowed. S.C.201/2009 on the file of Assistant Sessions court, Ottapalam as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.