Petition filed under Section 482 Cr.P.C.
2. The petitioner was the accused in CC No. 244 of 1999 on the file of the Judicial First Class Magistrate Court-II, Neyyattinkara. The allegation was that he along with the co-accused committed the offences under Sections 143, 147, 148, 323 & 324 r/w Section 149 of the Indian Penal Code. There were nine accused. Three accused including the petitioner were absconding. Only the others were tried. They were acquitted by Annexure-A3 judgment. The case against the petitioner is now pending as CC No. 652 of 2010. His prayer is to quash the proceedings as against him on the ground of acquittal of the co-accused.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Pursuant to the direction issued by this court, the Crl.M.C. No. 3933 of 2018 ..2..
petitioner surrendered before the court below and deposited the amount covered by the bond executed by him when he was released on bail. I have perused Annexure-A3 judgment by which the co-accused were acquitted. I am satisfied that the trial of the petitioner will not serve any purpose.
In the result, this Crl.M.C. is allowed. The proceedings in CC No. 652 of 2010 on the file of the Judicial First Class Magistrate Court-II, Neyyattinkara are quashed so far as the petitioner is concerned.
Sd/-
K. ABRAHAM MATHEW JUDGE bka/10.07.2018