IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 504 of 2010(S) ------------------------------------- CC.624/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD. .................... PETITIONERS/ ACCUSED 1, 9 & 12 --------------------------------------------------- 1. SHAJI @ NACHENK SHAJI, S/O.SHAMSUDHEEN, ZIRAJ MANZIL, PAZHAVILA, THEKKUMKARA MURI, NEDUMANGAD VILLAGE. 2. SUNIL KUMAR, S/O.DAS, PARAVANVILAKATHU VEEDU, ARASUPARAMPU MURI, NEDUMANGAD VILLAGE. 3. NAJEEBKHAN, S/O.THAJUDHEEN, CHEMPAKASSERY HOUSE, NEAR THE MULAMUKKU JUNCTION, CHEKKAKONAM MURI, KARAKULAM VILLAGE. BY ADV. MR.R.V.SREEJITH RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.504 OF 2010 ------------------------------------------ Dated 25th February 2010 O R D E R Petitioners are the accused 1,9 and 12 in C.C.624/2006 now pending as C.C.605/2009 before Judicial First Class Magistrate-II, Nedumangadu. Prosecution case as is clear from Annexure-II final report is that fourteen accused were active workers of Left Democratic Front and in furtherance of their common object they formed themselves into an unlawful assembly and armed with deadly weapons at about 9.30 p.m on 4/4/2006 came to Nedumangadu Government Hospital compound in jeep KRU- 6942 and autorickshaw KL-01.L-6165 and in furtherance of their common object threatened CW1 Sunilal and CW2 Crmc 504/10 2 Thulasidharan with a sword and with an iron pipe hit on the back side of the head of Sunilal and also inflicted injury on Thulasidharan and Sunilal and thereby committed offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code. As accused 1,9,12 and 14 absconded, case as against them was split up and others were tried in C.C.624/2006. Learned Magistrate under Annexure-VII judgment acquitted those accused, finding that the case is wholly false even against the abscond accused and directed to address the Chief Judicial Magistrate for sanction to remove the case as against the absconding accused as provided under Rule 16 of Criminal Rules of Practice. As steps were taken Crmc 504/10 3 against the absconding accused in the re- filed case C.C.605/2009, this petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against them contending that even if, petitioners are to be tried, in view of the evidence of the injured and the eye witness sworn in Annexures-III to VII, copy of the depositions recorded in C.C.624/2006, there is no likelihood of a conviction and therefore, the case is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure-VII judgment in C.C.624/2006 establishes that accused 2 to 8, 10, 11 and 13 were acquitted, after recording Crmc 504/10 4 the evidence of the injured and the eye witnesses. Annexures-III to VI depositions of the witnesses examined in C.C.624/2006 establish that even if those witnesses are to be examined once again, as they have already deposed that they neither have no grievance against the absconding accused nor did identify the culprits, as it was too dark, there is no likelihood of a successful prosecution. In such circumstances, it would only be a futile exercise. More over, in Annexure-VII judgment learned Magistrate has already recorded that the case as against the absconding accused is wholly false and has addressed the Chief Judicial Magistrate to remove the case from the register, as provided under Rule 16 of Criminal Rules of Crmc 504/10 5 Practice. In such circumstances, trial of the petitioners would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.605/2009 on the file of Judicial First Class Magistrate-II, Nedumangadu is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.