B. Kemal Pasha, J.:— Originally, the petitioner was the 4th accused in C.C No. 522/2009 of the Judicial First Class Magistrate's Court, Malappuram, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 506(ii) of the Indian Penal Code, read with Section 149 IPC.
2. A3 and A5 died during the pendency of the case and consequently the charges against them abated. Accused Nos. 1 and 2 faced the trial. The petitioner was absconding. The case against the petitioner was split up and refiled as C.C No. 1089/2013.
3. A1 and A2 were acquitted by the court below through judgment dated 30.10.2013 On going through the judgment, it seems that PW1, who was the defacto complainant, turned hostile to the prosecution and he did not identify the accused, who had allegedly attacked him. According to him, he could not say as to who were the persons who had attacked him. Further, it seems that the matter was settled between the parties.
4. Matters being so, this Court is of the view that no purpose would be served in proceeding with C.C No. 1089/2013. Therefore, Annexure-A Final Report as against the petitioner and all further proceedings in C.C No. 1089/2013 of the Judicial First Class Magistrate's Court, Malappuram, can be quashed.
5. In the result, this Crl.M.C is allowed and Annexure-A Final Report as against the petitioner and all further proceedings in C.C No. 1089/2013 of the Judicial First Class Magistrate's Court, Malappuram, are hereby quashed.
Comments