O R D E R

This Criminal Miscellaneous Case is

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

2. The petitioner is the one of the accused in Crime No.

81 of 2019 of Edakkara Police Station which is now pending as C.C No . 380/2022 on the Magistrate Court, Nilambur. The above case is chargesheted alleging o 324 read with 34 IPC. It is submitted that the co-accused were already acquitted as per Annexure A3 judgment . It also submitted that even Section 313 Cr.PC statement was also not recorded, as far as the other accused is concerned because there is no evidence. Therefore, it submitted that in the light of Annexure A3, the prosecution against the petitioner is an abuse of process of Court.

3. 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 an abuse of process of court because the substratum of the prosecution case is shattered. The Public Prosecutor submitted that the petitioner