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. Petitioners are accused Nos.3 and 5 in Crime No.971/2017 of Ottapalam Police Station. The petitioners along with 3 others were charge-sheeted alleging offences punishable under Sections 143, 147, 341 and 323 read with Section 149 of Indian Penal Code.

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

4. The petitioners were not able to appear before the lower court and their case was split up and the trial against the other accused were proceeded and as per Annexure-3 judgment, the trial court acquitted the other accused. The counsel for the petitioners submitted that in the light of Annexure-3 judgment, the continuation of the proceedings against the petitioners will be an abuse of process of court because the substratum of the prosecution case is shattered. The Public Prosecutor submitted that the petitioners have to face trial before the lower court and this court may not invoke the powers under Section 482 of the Code.

5. This Court inMoosa v. Sub Inspector of Police ( 2006 (1) KLT 552 ),Abbas T.K. v. State of Kerala ( 20