RAJA VIJAYARAGHAVAN V.
SHIHAB – Appellant
Versus
STATE OF KERALA – Respondent
1. This petition under Section 482 of Code of Criminal Procedure is preferred by the accused Nos. 1 & 4 in S.C. No. 560 of 2012 on the file of the Additional Sessions Judge, (Ad hoc -1), Thrissur. Their prayer is to quash all further proceedings in the said case on the ground that the substratum of the case is lost as a result of the acquittal of accused Nos. 2 & 3 in the said case as per Judgment dated 28.09.2012 of the Court of Sessions, Thrissur Division.
2. The prosecution case is that, on 09.11.2007, at about 23.45 hours, the accused persons, five in numbers, were found standing on the veranda of an old building situated on the north of "Seven Seas" bar at Irinjalakuda and were making preparations for committing dacoity. On seeing the police personnel, accused Nos. 2 to 4 took to their heels and they were able to arrest only the 1st accused. On questioning, the 1st accused is alleged to have divulged the details of the accused Nos. 2 to 4 who had fled seeing the police officers. Later, Crime No. 868 of 2007 of Irinjalakuda police station was registered and after investigation, the charge was laid before the Judicial First Class Magistrate Court, Irinjalakuda. The learned
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