The petitioner herein is the original first accused in S.C No.1224/2007 of the Court of Session, Kollam. Crime in the said case was registered under Sections 341, 323 and 308 r/w Section 34 of the Indian Penal Code, on the complaint of one Jacob John. The second accused faced trial in S.C No.1224/2007 before the learned III Additional Sessions Judge, (Adhoc), Kollam, and obtained a judgment of acquittal on 5.4.2010 under Section 232 of the Code of Criminal Procedure when none of the material witnesses supported the prosecution. The case against the petitioner herein was split up and refiled when he absconded from legal process. Now the case is pending as S.C No.529/2014 before the VII Additional Sessions Judge, (Adhoc III), Kollam. He now seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution as against him on the ground that the prosecution cannot in any manner improve the case as against him when the substratum of the case stands totally lost, and the witnesses will not in any manner support the Crl.M.C No.5197 of 2014 2 prosecution. Annexure 3 judgment in S.C No.1224/2007 shows that the prosecution examined four witnesses and marked Exts.P1 to P11 in S.C No.1224/2007, but none of the witnesses supported the prosecution. PW1, the first informant, and also the other witnesses examined by the prosecution turned fully hostile to the prosecution in view of an amicable settlement made between the parties out of court. The first informant stated before the court that somebody had attacked him but he could not identify the persons. PW2, the only eye witness examined by the prosecution, stated that he had not in fact witnessed the incident. In the absence of any incriminating circumstance the learned trial judge dispensed with the examination of the accused under Section 313 of the Code of Criminal Procedure and acquitted the 2nd accused under Section 236 of the Code of Criminal Procedure. I find that in such a situation, continuance of prosecution as against the petitioner herein will be a sheer waste of time. No doubt, the prosecution cannot in any manner improve the case as against him, and nobody will support the prosecution if the case against him goes to trial. Applying the guidelines made by the Hon'ble Supreme Court this prosecution can be quashed.
Crl.M.C No.5197 of 2014 3 In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein in S.C No.529/2014 before the VII Additional Session Court (Adhoc-III), Kollam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID JUDGE ab