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. The petitioners are the accused in S.C.No.1235/2016 on the file of the Assistant Sessions Court, Kottarakkara arising from Crime No.2178/2013 of Chadayamangalam Police Station. The above case is chargesheeted against the petitioners alleging offences punishable under sections 143, 147, 148, 324, 326, 307 r/w 149 of the Indian Penal Code and section 27 of the Arms Act . It is submitted that the co-accused were already acquitted as per Annexure-A2 judgment.

3. Heard counsel for the petitioner and the Public Prosecutor. The counsel for the petitioners submitted that the co- accused were already acquitted by the trial court and the continuation of the trial against the petitioners will be an abuse of process of court because the substratum of the prosecution case is shattered. The Public Prosecutor submitted that the petitioners have to face trial before the lower court and this court may not invoke the powers under Section 482 of the Code.

4. This Court inMoosa v. Sub Inspector of Police ( 2006 (1) KLT 552 ), Abbas T.K. v. State of Kerala