VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed to quash all further proceedings in S.T.No.2727 of 2022 on the files of the Judicial First Class Magistrate Court, Irinjalakuda (for short 'the court below') on the ground of acquittal of the remaining accused.

(2.) The petitioner was accused No.2 in S.T.No.4404 of 96 before the court below. Altogether there were 9 accused. The offences alleged against the petitioner are punishable under Ss. 143, 147, 148, 447, 427 r/w Sec. 149 of IPC. Accused Nos.1, 4, 5, 6 and 9 faced trial. After fullfledged trial, the court below acquitted all of them as per Ann.2 judgment. Thereafter, the proceedings as against accused Nos.7 and 8 were quashed as per Ann.5 judgment by this Court and proceedings as against accused No.3 were quashed by this Court as per Ann.A6 judgment. Since the present petitioner did not appear in S.T.No.4404 of 96, the case as against him was split up and now renumbered as S.T.No.2727 of 2022. According to the petitioner, in view of the acquittal of the remaining accused, substratum of the prosecution case is dislodged. It is in these circumstances, he has filed this Crl.M.C invoking Sec. 482 of Cr.P.C.

(3.) I have heard Sri.K.G.Balasubramanian, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Public Prosecutor.