The acquittal of co-accused substantiates dismissal of charges against another accused when evidence is lacking, avoiding futile prosecution.

ORDER

Dated this the 17^th day of June, 2025 Petitioner is the 13^th accused in Crime No.737 of

2012 registered at the Puthoor Police Station for offences punishable under Sections 143 , 147, 148, 451, 294(b), 323, 324, 427 and 506 read with Section

149 of the Indian Penal Code .

2. The crime is registered on the allegation that on 19.01.2012, the accused persons and 37 others unlawfully assembled together for a strike declared by a political party, trespassed into the ofÏce of the DVUP School and committed the alleged offences. On submission of Final Report, the case was taken on the files of the Judicial First Class Magistrate Court-II, Kottarakkara as C.C.No.598 of 2015. All accused, except the petitioner and accused no.11, faced trial in that case and were acquitted as per Annexure A2 judgment. The petitioner having remained absent, the case against him was split up and numbered as C.C.No.1472 of 2022, (presently re-numbered as C.C.No.1597 of 2022). The petitioner is seeking to get the proceedings against him quashed on the strength of the judgment of acquittal rendered in the case of his co-accused.

3. Learned Counsel for the petitioner contended that in view of the conclusive findings in Annexure A2 judgment, no purpose will be served by compelling the petitioner to face trial.

4. I heard the learned Public Prosecutor also.

5. As contended, paragraph no.10 of Annexure A2 judgment reveals that none of the witnesses had supported the prosecution case and there was no proof regarding the actual incident or the identity of the persons involved. The substratum of the prosecution case was thus lost by the prosecution’s inability to substantiate the allegations. In such circumstances, continuance of the proceedings against the petitioner will be an exercise in futility.