The petitioner herein is the 3rd accused in Crime No.4/2003 of the Nadapuram Police Station, registered under Sections 3 and 4 of the Explosives Substances Act. The case against him is now pending as S.C No.1026/2012 before the learned Assistant Sessions Judge, Vatakara. The case against accused Nos.1 and 2 already stands quashed as per order in Crl.M.C No.3246/2013 dated 10.1.2014. The petitioner also seeks such an order on the ground that the police has absolutely no material to connect him with the alleged crime. In Crl.M.C No.3246/2013 this Court quashed the prosecution against the other accused as per Annexure IV judgment on the ground that the prosecution does not have any definite material to implicate them under Sections 3 and 4 of the Explosive Substances Act.
2. On a perusal of the materials, including the final report, I find that same is the position in this petition also. I find nothing to connect this petitioner with the alleged crime or to Crl.M.C No.1537 of 2014 2 proceed against him under Sections 3 and 4 of the Explosive Substances Act. The final report shows that the police relies only on some circumstances which are really weak, and those circumstances will not by itself prove any offence. That is why this Court quashed the prosecution against the other accused as per Annexure IV judgment. I find that the 3rd accused is also entitled for such an order, in the absence of any material against him.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein in S.C No.1026/2012 before the Assistant Sessions Court, Vatakara will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, he will stand released from such prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID JUDGE ab