The petitioner herein is the original 6th accused in C.C.No.632/2011 of the Judicial First Class Magistrate Court-II, Perinthalmanna. Crime in the said case was registered under Sections 143,147,148,341,323 and 324 IPC read with 149 IPC, on the complaint of one Sakkeer. The other accused faced trail before the learned Magistrate in C.C.No.632/2011, and obtained a judgment of acquittal under Section 248(1) Cr.P.C. on 18.10.2013, when all the material witnesses turned hostile to the prosecution. The case against the petitioner was split up and refiled as C.C.No.956/2013. He now seeks orders quashing the prosecution as against him, on the ground that continuance of prosecution in such a circumstance will not serve any purpose. Annexure-II judgment in 632/2011 of the court below shows that none of the material witnesses including the defacto complainant Sakkeer supported the prosecution. Finding that there is absolutely no material, the learned Magistrate dispensed with Crl.M.C.. No. 6883/2014 2 examination of the accused under Section 313 Cr.P.C., and acquitted all the accused. Thus, the very substratum of the prosecution case stands lost. No doubt, the prosecution cannot, in any manner, improve the case as against the petitioner, and the witnesses, cannot, in any manner support the prosecution, if the case against the petitioner goes to trial. Practically, continuance of prosecution will be a sheer waste of time. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner in C.C.No.956/2013, which now stands transferred to the register of long pending cases as L.P.No.76/2014 before Judicial First Class Magistrate Court-II, Perinthalmanna, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE