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Judgment
18 paragraphs · 387 wordsMohammed Nias C.P., J
This petition under Section 482 Cr.P.C. has been filed on the basis that the co-accused had been acquitted and thus the proceedings against the
petitioner is also liable to be quashed as the very substratum of the case against him is lost.
The petitioner is the accused No. 5 in C.C. No. 12 of 2005 on the file of the JFCM Court, Nilambur arising from Crime No. 588 of 2004 of
Nilambur Police Station, alleging offences punishable under Sections 143, 147, 148, 323, 324 r/w Section 149 of IPC.
Following the investigation, the final report was filed before the JFCM, Nilambur, and CC No.12 of 2005 was taken on file. In CC No.12 of 2005
accused Nos. 1, 3 and 4 were acquitted by Annexure B Judgment, and the case was split up and refiled as C.C. No. 327 of 2006 before the same
Court and later it was transferred to the register of long pending cases as LP No.62 of 2017 and when the 2nd accused surrendered, his case was re-
numbered as CC No.96 of 2009 and in that case he was also acquitted.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Having heard the learned counsel and perusing the judgments acquitting accused Nos. 1 to 4, I am of the view that no purpose is going to be served
by the continuance of the proceedings.
In view of the evidence led and going by the principles laid down by the Full Bench in Moosa v. Sub Inspector of Police (2006 (1) KLT 552), no
purpose will be served by directing the petitioner to face trial at this stage. It will be a futile exercise and will only waste judicial time. Apart from that,
there is hardly any chance at all of the prosecution being successful or resulting in any conviction. Interest of justice demands invocation of Section
482 of the Cr.P.C. to quash the entire proceedings. In the result, this Crl.M.C. is allowed and Annexure - A final report and all further proceedings
against the petitioner in LP No 62 of 2017 on the files of the Judicial First Class Magistrate Court, Nilambur, arising out of Crime No.588 of 2004 of
the Nilambur Police Station, Malappuram District are hereby quashed.