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2005 Supreme(Ker) 763

R.BASANT, M.N.KRISHNAN, P.R.RAMAN
T. Moosa – Appellant
Versus
Sub-Inspector of Police – Respondent


Judgment :-

Raman, J.

The above Criminal Miscellaneous Cases are filed under Section 482 of the Code of Criminal Procedure seeking to quash the criminal proceedings initiated against the petitioners herein on the ground that the co-accused in the respective cases were acquitted on trial. The case of the petitioners who were absconders were separated and are now proceeded with in their respective cases. The co-accused against whom case was proceeded with earlier were finally acquitted on appreciation of the evidence in each of the cases above. It was contended that as the prosecution failed to prove the guilt of any of them, no useful purpose will be served by conducting trial against them and it will be an abuse of process of the court and to secure the ends of justice further proceedings against the petitioners is to be quashed. In support thereof reliance was placed on the decision of a Division Bench of this Court in Arun Kumar v. State of Kerala reported in 2004 (2) KLT 1039. Crl.M.C.Nos.1053, 1067 & 1078/2005 came up for consideration before a Learned Judge of this Court who after referring to the decisions in Joy v. State of Kerala (2002 (3) KLT 425), Chellappan v. State of K























































































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