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. Petitioner is the 4th accused in Crime No.53 of

2015 of Chevayoor Police Station, which is now pending as C.C. No.497 of 2021 on the file of Judicial First Class Magistrate-I, Kozhikode. The above case is charge- sheeted against the petitioner and 9 others alleging offences punishable under sections 143, 147 and 353 read with Section 149 of the Indian Penal Code and Section 117 (e) of the Kerala Police Act .

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

4. The counsel for the petitioner submitted that the co-accused were already acquitted by the trial court as per Annexure -AIII judgment 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 has 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 ( 2013 KHC 336 ) and