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 was originally the 7th accused in C.C.No.472/2006 on the file of the Judicial First Class Magistrate Court - II, Attingal arising from Crime No.89/2006 of Venjaramoodu Police Station which is now pending as C.C.No.1718/2018 before the same court.

3. It is submitted that the petitioner was not able to appear before the trial court and his case was split up and the case against the other accused were continued and the other accused were acquitted as per Annexure-2 judgment.

4. 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 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.