Samad And Anr @APPELLANT@Hash State Of Kerala

Petitioners are originally accused Nos.6 and 8 in Annexure-A final report in Crime No.946/2009 of the Vadakara Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 of the Indian Penal Code.

Since the petitioners were absconding, the case against the other accused was committed to the Sessions Court, Vadakara. The case against all the said accused was numbered as S.C.No.490/2011. The learned Additional Sessions Judge, Vadakara acquitted all the said accused for want of evidence, through Annexure-B order of acquittal under Section 232 Cr.P.C. PW1 and PW2, who were cited by the prosecution to prove the occurrence, turned hostile to the prosecution, and did not support the prosecution case.

The  case  against  the  petitioners  is presently pending as S.C.No.455/2017 before the court below. Even if the case against the petitioners is proceeded with, no fruitful purpose would be served, except sheer wastage of time. Matters being so, all further proceedings as against the petitioners in S.C.No.455/2017 of the Additional District and Sessions Court, Vadakara, are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners in S.C.No.455/2017 of the Additional District and Sessions Court, Vadakara, are hereby quashed.