Petitioner is the first accused in C.C. No. 67/2010. The other accused are his relatives. Since the petitioner was absconding, the case against him was split up and the case was proceeded against the other accused. Some of the accused were discharged and the others were acquitted. The case against the petitioner has been refiled as CC 379/2014. The petitioner's case is that on the basis of the evidence adduced in the trial of the other accused, the proceedings against him is of no use and the proceedings in CC 379/2014 may be quashed.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Proceedings against an absconding accused cannot be quashed on the sole reason that his co-accused were acquitted after trial. The proceedings against the petitioner cannot be quashed. The petition is not maintainable. In the result, this Cr.M.C. No. 3109 /2014 2 Crl.M.C. is dismissed.
sd/-
K. ABRAHAM MATHEW JV JUDGE