ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, (hereinafter referred to as 'Cr.P.C' for short) and the prayers herein are as under:

“(i) Set aside the Annexure-A5 order dated 18.10.2023 in Crl.M.P.No.772/2023 in S.C.No.509/2018 of the Court of the Special Judge, Fast Track Special Court, Irinjalakuda.

(ii) Pass such other order or direction, which are deemed fit and proper on the facts and circumstances of the case and in the interest of justice.”

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The learned counsel for the petitioner argued at length to convince this Court that the trial court wrongly implicated the petitioner as second accused without sufficient materials, in a case where, at the time of initial investigation and further investigation, the Police exonerated the 2nd accused in this crime though her name was initially stated in the FIR. It is argued that the learned Special Judge, relying on the evidence of PW1 and her version in the First Information Statement, marked as Ext.P1, invoked the power under Section 319 of Cr.P.C. According to the learned counsel for the pet