The petitioner herein is the accused in C.C No.351/2011 before the Judicial First Class Magistrate Court, Alathur. Trial in the said case is midway. Now the petitioner seeks orders quashing the prosecution under Section 482 Cr.P.C on the ground that none of the material witnesses has supported the prosecution. No doubt, this court cannot exercise jurisdiction under Section 482 Cr.P.C in such a situation. This is not a case where the parties have come to settlement. Here trial is going on, and so the petitioner will have to face trial. It doesn't matter whether the witnesses have supported the prosecution, or whether the case will end in acquittal. It appears that the petitioner has brought this petition on the apprehension of arrest in execution of the coercive steps issued from the trial court. I do not think that the learned Magistrate will mechanically remand him to judicial custody, without examining the case records, and the offences involved. In the result, this Crl.M.C is closed with observation that the petitioner will have to surrender before the trial court, obtain regular bail, and face trial.
P.UBAID, JUDGE sab Crl. M.C No.6537 of 2014 2