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2009 Supreme(Online)(KER) 2305

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
DILEEP.V – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.B.PREMNATH (E), SRI.V.T.K. MOHANAN, SRI.N.K.SUBRAMANIAN FOR R2 TO R6

O R D E R

This petition is filed under Section 482 of the Crl.P.C to quash further proceedings in C.C. 978/2008 pending on the file of the Judicial First Class Magistrate Court, Thaliparamba wherein the petitioner is the sole accused. Petitioner was the 2nd accused in C.C. 9/2008 among the five accused proceeded under Sections 143, 147, 148, 308 and 324 r/w Section 149 of the IPC on a charge laid by the Sub Inspector of Police, Thaliparamba. Petitioner was not available for trial and hence the case against him was split up and, subsequently, re-numbered as C.C. 978/2008. He has filed the above petition for quashing further proceedings of that case contending that no useful purpose will be served by the continuation of the proceedings. The co- accused who had been tried in C.C. 9/2008 had been found not guilty and acquitted of the offences and in the trial of that case material prosecution witnesses have turned hostile to the prosecution is the basis for such claim. Annexure A5 is the judgment passed in the above criminal case. Respondent No.2 is the defacto complainant and respondents 3 to 6 are the material witnesses included in the charge sheet to prove the case imputed against t

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