Petitioner, the 9th accused in Crime No.9 of 1993 on Chirayinkeezhu police station registered for the offences under Sections 143, 147, 148, 323 and 332 r/w 149 of Indian Penal Code and Section 3 of Explosive Substance Act, 1908, out of 16 accused, only accused 2, 3, 5 to 8, 11, 12, 16 and 18 appeared. Hence case as against them was committed to Sessions Court as per order in C.P.No.8 of 1996 after splitting up the case against the absconding accused 1, 4, 9, 13 to 15 and 17. The learned Sessions Judge took the case on file as S.C No. 231 of 1997. The three accused subsequently absconded and case as against them was split up and accused 2, 5 to 8, 11, 12, 16 and 18 were tried by the learned Sessions Judge. By Annexure-1 judgment those accused were acquitted. Subsequently, when presence of the third accused was procured, he was tried in S.C No.689 of 2004. By Annexure-II judgment he was also acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings, contending that in view of the order of acquittal under Annexure-1 and Annexure-II judgments, in the absence of any material against the petitioner, it will only be a futile exercise to try the petitioner.
