The petitioner herein is the original 4th accused in S.C.No.1020/2008 of the Court of Session, Thrissur. Crime in the said case was registered under Sections 143, 147, 148, 427, 448, 436 IPC read with 149 IPC on the complaint of one Alikkutty. The other six accused in the case faced trial before the learned II Additional Assistant Sessions Judge, Thrissur in S.C.No.1020/2008, and obtained a judgment of acquittal under Section 232 Cr.P.C. On 03.11.2010, when none of the material witnesses supported the prosecution. The case against the petitioner herein was split up and refiled when he absconded from the trial process. His case is now pending as S.C.No.866/2013 in the court below. He now seeks orders quashing the prosecution under Section 482 Cr.P.C., on the ground that continuance of prosecution in such a situation will not serve any purpose, and the prosecution cannot, in any Crl.M.C.. No. 6889/2014 2 manner, improve the case as against him. Annexure B judgment in S.C.No.1020/2008 shows that the prosecution examined three witnesses in S.C.No.1020/2008, but nobody supported the prosecution. Pending the proceedings, the first informant, Alikkutty died. His son was examined by the prosecution as a witness in S.C.No.1020/2008. He or the other witnesses did not, in any manner, support the prosecution during trial. In the absence of any evidence or incriminating circumstance, the learned trial judge acquitted all the six accused under Section 232 Cr.P.C. No doubt, the prosecution cannot improve the case as against the petitioner herein, if it goes to trial. Witnesses also cannot, in any manner, support the prosecution. The substratum of prosecution case stands lost by the acquittal of the others in the absence of any evidence. In such a situation, continuance of prosecution will practically be a waste of time.
In the result, this Crl.M.C. is allowed. The prosecution as against the petitioner in S.C.No.866/2013 before the II Additional Assistant Sessions Judge, Thrissur, will stand quashed under Section 482 Cr.P.C. Accordingly, he will stand released from Crl.M.C.. No. 6889/2014 3 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