The petitioner herein is the original first accused in C.C No.48/2011 of the Judicial First Class Magistrate Court – I, Palakkad. The offences involved in the crime are under Sections 143, 147, 323, 341, 506(i) r/w 149 IPC. The accused Nos. 2 to 5 faced trial before the court below, and obtained a judgment of acquittal on 30.10.2012, when the de facto complainant himself turned hostile during trail, and disowned his case. The case against the petitioner herein was split up and refiled, when he remained consistently absent. It is now pending as CC No. 1811/2012 in the court below. He now seeks orders quashing the prosecution against him on the ground that continuance of prosecution will not serve any purpose. Anneuxre A1 judgment in C.C No.48/2011 shows that the prosecution examined the de facto complainant, and marked Ext. P1 in the said case. But the de facto complainant disowned his case, and turned hostile to the prosecution. I find that in such a situation continuance of prosecution as against the petitioner herein will not serve any purpose, other than wasting the precious time of the court. No doubt, the prosecution cannot improve the case, and the de facto complainant will not in any manner support the prosecution, when the Crl. M.C No. 2629 of 2014 2 case goes to trial. In the result, this petition is allowed. The prosecution against the petitioner in C.C 1811/2012 before the Judicial First Class Magistrate Court – I, Palakkad will stand quashed under section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID, JUDGE sab