Ashok Menon, J.:— Petitioner is accused No. 3 in Crime No. 94/2005 of Cheranelloor Police Station which was originally taken on file as CC No. 1170/2005 of the Judicial First Class Magistrate's Court-II, Ernakulam for having allegedly committed offences punishable under Sections 143, 147 and 323 read with Section 149 IPC.
2. The petitioner was absconding and the case as against him was split up and is presently pending as CC No. 172/2018 on the files of the Judicial First Class Magistrate's Court-IX, Ernakulam. The other co-accused who faced trial were all found not guilty and acquitted, vide judgment dated 28.2.2012 at Annexure-9.
3. A reading of the judgment would indicate that the material witnesses, including PW1/defacto complainant, turned hostile and did not identify their assailants. Hence, no purpose would be served by proceeding with the trial against the petitioner herein, which would only amount to exercising futility and wastage of precious judicial time.
4. In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioner herein in CC No. 172/2018 on the files of the Judicial First Class Magistrate's Court-IX, Ernakulam shall stand quashed under Section 482 Cr.PC and the petitioner/accused is discharged.
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