IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 843 of 2011() ------------------------ SC.161/1994 of ASSISTANT SESSIONS COURT, VADAKARA .................... (CRIME NO.269/89 OF NADAPURAM POLICE STATION) PETITIONER(S): 1ST ACCUSED IN L.P.NO.4/96: -------------------------------------------------------------------- KUMARAN, S/O.KANARAN, MAMBRATH HOUSE, VALAYAN VILLAGE, VADAKARA TALUK. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.843 of 2011 -------------------------------------- Dated this the 27th day of May, 2011. ORDER Petitioner is fourth accused in Crime No.269 of 1989 of Nadhapuram Police Station. The charge is that he along with others formed unlawful assembly on 01.10.1989 at about 7.30 p.m., committed rioting armed with deadly weapons, voluntarily caused hurt to PWs 1 to 5 and attacked them with explosives. Police submitted final report against petitioner and others for offences punishable under Sections 143, 147, 148 and 324 read with Section 149 of the Indian Penal Code and Sections 3 and 4 of the Explosives Substances Act. Some of the accused faced trial (but they were acquitted as per Annexure-2, judgment since witnesses did not support the prosecution). Since petitioner was not available, case against him was included in the Long Pending Register as L.P.No.4 of 1996. Petitioner seeks to quash proceeding against him. It is contended that in view of acquittal of some of the accused by Annexure-2, judgment in S.C.No.161 of 1994 the substratum of the prosecution case is destroyed. It is also pointed out that proceeding against another accused in the circumstances was quashed by this Court as per Annexure-3, order dated 28.07.2005 in Crl.M.C.No.2239 of 2005. I have heard learned counsel for petitioner and the learned Public Prosecutor. Crl.MC No.843/2011 2 2. I have gone through the final report where the overt act attributed to the petitioner is that he, along with other accused threatened PWs 1 to 5, as a member of the unlawful assembly. Some of the accused who faced trial are acquitted as per Annexure-2, judgment since witnesses did not support the prosecution. It is seen that the first accused was given benefit of that acquittal and proceeding against him was quash as per order dated 28.07.2005 in Crl.M.C.No.2239 of 2005.. There is no reason why the same view shall not be taken in the matter of petitioner. Resultantly Criminal Miscellaneous Case is allowed. The proceeding against petitioner in L.P.No.4 of 1996 (S.C.No.16 of 1994) of the court of learned Assistant Sessions Judge, Vadakara arising from Crime No.269 of 1989 of Nadhapuram Police Station is quashed. THOMAS P.JOSEPH, Judge. cks