ORDER

This Criminal Miscellaneous Case is filed under Section

482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).

2. The petitioner is one of the accused in Crime No.950/2014 of Ponnani Police Station, which is now pending as C.C.No.703/2018 on the files of the Judicial First Class Magistrate Court-I, Ponnani. The above case is charge sheeted against the petitioner and others alleging offences punishable under Sections 143, 147, 148, 323, 324, 506(i)

r/w Section 149 IPC.

3. The prosecution case is that the accused formed themselves into unlawful assembly and assaulted the victim. It is submitted that the petitioner was not able to appear before the trial court and hence, his case was split up and the case against the other accused were tried and acquitted as per Annexure A3 judgment. It is submitted that, in the light of the same, the continuation of the prosecution against the petitioner alone is an abuse of process of court.

4. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioner submitted that the co-accused were already acquitted by the trial court and the continuation of the trial against the petitioner will be