K.A. Abdul Gafoor, J.

A learned judge of this Court has referred these petitions for consideration by a Division Bench. The question referred is as follows:

If, in a criminal case, there are more than one accused and if only a few of them faces trial, the other being absconding, and in case the trial ends in acquittal of the accused, can the absconding accused invoke the jurisdiction under S.482 Cr.P.C. to quash the charges against them.

2. At the outset, we will make it clear that no straight jacket formula can be applied in such a situation. It will depend upon the relevance of the witnesses examined; the overt act complained of; what the witnesses, who had not been examined during the trial of the acquitted accused, would have to say going by the case records, if examined during the trial of the absconding accused; and several other relevant factors. Therefore, each of the cases will have to be examined based on its own facts and circumstances.

3. There may be a case where, during the trial of the accused, who appeared before the Court, the Court may find that the incident alleged by the prosecution may not have happened in the manner as stated by the prosecution, or the