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 the 4th accused in CC No.123/2011 pending before the Chief Judicial Magistrate Court, Thalassery. The above case is registered against the petitioners and others alleging offences punishable under Sections 403, 406, 420 r/w 34 IPC.

3. Originally the case was numbered as CC No.1/2004 on the file of the Chief Judicial Magistrate court, Thalassery. Accused Nos.3 and 5 were acquitted as per Annexure A1 judgment and the case against the petitioner (4th accused) and accused Nos.1 and 2 was split up and renumbered as CC No.123/2011. Annexure A2 is the FIR and Annexure A3 is the final report in this case. Annexure A4 is the protest complaint. It is submitted that, in the light of the Annexure A1 judgment, the proceedings against the petitioner is an abuse of process of court.

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