The petitioner herein is the original first accused in C.C. No. 134/2005. The offences involved are under Sections 27(i)e(iii) and (iv)D of the Kerala Forest Act. The accused Nos.2 to 11 faced trial before the trial court in C.C. No. 134/2005, and obtained a judgment of acquittal dated 02.06.2007. The case against the petitioner herein was split up and re-filed as C.C. No. 226/2007. After necessary procedure, the said case was transferred to the register of long pending cases, and was later re-filed on surrender as C.C.No. 557/2010. Now, the petitioner seeks orders quashing the prosecution, on the ground that continuance of prosecution against him will be a sheer waste of time, when the other accused stand acquitted in the absence of any evidence or material. Annexure-2 judgment in C.C. No. 134/2005 shows that the trial court acquitted the other accused, on the ground that the prosecution has no satisfactory material or evidence to prove the offence. I am well satisfied by this judgment that the prosecution cannot, in any manner, improve Crl.M.C.. No. 6199/2014 2 the case, and the witnesses cannot adduce any better evidence, if the case against the petitioner goes to trial. No doubt, continuance of prosecution will be a sheer waste of time. The material witnesses examined by the prosecution in C.C.No.134/2005 did not give any definite evidence proving the allegations. I am well satisfied that those witnesses cannot, in any manner, give evidence implicating the petitioner herein. Applying the guidelines made by the Honourable Supreme Court, this prosecution can be quashed. In the result, this Crl.M.C. is allowed. The prosecution as against the petitioner in C.C. No. 557/2010 before the Judicial First Class Magistrate Court-II, Kanjirappally 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.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE