Dated this the 5th day of December, 2019

The petitioner is the 3rd accused in Crime No.607/2012 of

Kuttiady Police Station for having allegedly committed offences

punishable under Sections 143,147,452,365 and 323 read with

Section 149 of the I.P.C. The petitioner along with few other accused

who are absconding and the case against them was split up and

re-filed as C.C No. 1010/2018 and the trial proceeded against A1,2

and 6 to 8 as C.C No.1156/2013. Vide judjment dated 22.11.2018,

The Judicial First Class Magistrate, Nadapuram , acquitted all of them

for the reason that Pws 1 to 3 did not support the prosecution case.

They have not identified their assailance and has specifically stated

that they cannot identified the person who assaulted them.

2.

The petitioner submits that in view of the judjment at

Annexure-3, no purpose will be served by proceeding the trial against

him. There is no public interest involved and the prosecution has not

appealed against the judjment at Annexure-3. Proceeding with the

trial against the petitioner will only amount to exercising futility and

3

wastage of judicial time.

In the result, the Crl.M