This is an application filed by the petitioner who is the 2nd accused in C.C.No.548/2013 on the files of Chief Judicial Magistrate's Court, Kasaragod to quash the proceedings as against him on the basis of the earlier judgment of that court in respect of other accused persons under Section 482 of the Code of Criminal Procedure (hereinafter referred as the 'Code') 2. It is alleged in the petition that the present petitioner was originally shown as 5th accused in Crime No.590/2010 of Manjeswaram Police Station which was registered on the basis of the statement given by the de facto complainant/injured along with the other accused persons alleging offences under Sections 143, 147,148, 452, 323,324, 427 read with Section 149 of the Indian Penal Code. After investigation Annexure I final report was filed and originally it was taken on file as CC No. 642/2011 on the files of the Chief Judicial Magistrate Court, Kasaragod. Except the present petitioner and 2nd accused in the crime, others have appeared and they were tried and acquitted and the case against the petitioner and 2nd accused was split up and refiled as C.C.No. 548/2013. In view of the acquittal of other accused persons, the petitioner is also entitled to get the benefits. So he filed the present petition seeking the following relief.
“to quash Annexure I final report as against the petitioner in C.C.No.548/2013 on the files of the Chief Judicial Magistrates' Court, Kasaragod in the interest of justice:
3. This court has called for a report from the Chief Judicial Magistrate, Kasaragod regarding the present stage of the case. The learned Magistrate has sent a report which reads as follows:
Both accused herein along with others are stand charge sheeted u/s.143, 147,148, 452, 323,324,427 r/w 149 of IPC. By the Sub Inspector of Police, Majeshwat Police Station and the case of the prosecution, in brief is as follows:
That, on 21.07.2010 at about 18.45 hours all accused herein formed themselves into an unlawful assembly, then committed rioting with deadly weapons such as stick at Kayarkatta in Voliga Village and in order to accomplish the common object criminally trespassed to the residential house of CW1 and then caused beating as against CW1 to 3 with hands and stick who then sustained injury. The accused also caused damage to the motor car as well as household articles which resulted monetary loss of Rs.25,000/- to the de facto complainant. Thus the accused are alleged to have committed the offences u/s.143,147,148,452,323,324,427 r/w 149 of IPC along with others.
2. Originally the case was taken on file as CC No.642/11 against 7 accused persons. Except A2 and 5 others were appeared in this case and case against them was disposed of. Case against A2 and 5 split up and refiled as CC No.548/13.
3. In the light of the judgment in CC No.642/11, I am of the view that this case is wholly false and so, omitted from the register and returns altogether u/s.16(1) of Criminal Rules of Practice.
4. In the result, it is ordered that case against accused herein who are A2 and 5 in the original case is omitted from the register and returns altogether u/s.16(1) of the Criminal Rules of Practice.
4. In view of the fact that the Chief Judicial Magistrate has omitted the case against the present petitioner and the original second accused from file in view of the findings in C.C.No.642/2011 invoking the power under Rule 16(1) of the Kerala Criminal Rules of that case and closed the case, there is no necessity to pass any further order as claimed in the petition.
The report of the learned Chief Judicial Magistrate, Kasaragod is recorded and the petition is disposed as closed.
Sd/-K.RAMAKRISHNAN JUDGE MJL