O R D E R

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 petitioners are some of the accused in Crime No. 947/2012 of Kattappana Police Station. The case was registered alleging offences punishable under Secs. 143, 147, 148, 332, 283 r/w Sec.149 of the IPC and Sec. 77 r/w 121 of Kerala Police Act.

3. The prosecution case is that the accused formed themselves into an unlawful assembly and conducted a march violating the order of the Hon'ble High Court and obstructed public traffic and thereby committed the abovesaid offences.

4. The petitioners were not able to appear before the lower court and therefore, their case was split up and the case against the other accused were considered by the lower court and they were acquitted as per Annexure-3 judgment. It is submitted that in the light of Annexure-3 judgment, the continuation of the prosecution against the petitioners is an abuse of process of court.

5. Heard counsel for the petitioners and the Public Prosecutor.

6. The counsel for the petitioners submitted that the co-accused were already acquitted by the trial court and the continuation of