The petitioner herein is the third accused in Crime No.194 of 1998 of Chathanoor Police Station, Kollam, for the offences punishable under Sections 341 and 323 r/w Section 34 IPC.
2. The allegation of the prosecution is that the petitioner herein along with two other accused caused bodily injuries on the de facto complainant on 8.7.1998 at 6.00 p.m. After investigation, crime was registered and the matter was pending as C.C.No.471 of 1998. The petitioner herein did not participate in the trial. By Annexure A3 judgment, the accused Nos.1 and 2 were found not guilty and they were acquitted. The case against the petitioner herein was split up and re-filed, since he was absconding. The petitioner has now preferred this Crl.M.C. on a premise that by virtue of Annexure A3 judgment, the entire substratum of the case is lost and that benefit should enure to the petitioner herein also. Crl.M.C. No. 24 of 2017 -2-
3. The learned Public Prosecutor on instructions submitted that Annexure A3 judgment is not under challenge in any other proceedings. Annexure A3 indicates that none of the prosecution witnesses supported the case set up by the prosecution. Accused Nos.1 and 2 were acquitted in the absence of any evidence incriminating them. Since this acquittal has become final, it is clear that no improvement can be made thereupon, if the prosecution proceeds with the trial of the present case.
4. Having considered this fact, I feel that this Crl.M.C is only to be allowed, failing which, it may be resulted failure of justice.
Hence, this Crl.M.C. is allowed and all further proceedings in C.C.No.181 of 2016 on the file of the Judicial Magistrate of First Class Court, Paravoor shall stand quashed.
Sd/-
SUNIL THOMAS JUDGE Scl/30.01.2017