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Petitioner is the 2nd accused in Crime No. 604 of 2007 of Attingal police station registered on 04.09.2007 alleging offence punishable under Sections 143, 147, 148, 332 read with Section 149 of the IPC and Section 3(i) of Prevention of Damages to Public Properties Act.

2. The allegation against accused persons, 11 in number is that on 04.09.2007 at 07.15 PM owing to the fact that a person was run over by a bus in front of the private bus stand at Attingal and when CWs 2 to 6 and 9 to 13 had reached there for taking follow up action the accused persons formed an unlawful assembly and in prosecution of their common object pelted stones at the KSRTC bus and the police jeep and caused a loss of Rs.1,31,000/- to the KSRTC and also obstructed the official discharge of functions of the officials and caused them injuries and thus the said final report was filed before the Judicial First Class Magistrate's Court-I, Attingal where the case was taken on file as C.C. No. 184 of 2009 against eleven accused persons. Of them, accused Nos. 3,5,6,9 and 10 faced CRL.MC NO. 5696 OF 2021 trial and were found not guilty by Annexure-4 judgment and acquitted under Section 248(i) of the Cr.P.C. The case against remaining accused was refiled as C.C. No. 823 of 2019. The petitioner is the 2nd accused in the original crime.

7. That means there will be a clear identity crisis in the case. In the above setting, there is no meaning in putting the petitioner to trial. The proceedings against the petitioner in C.C. No. 823 of 2019 on the file of the Judicial First Class Magistrate's Court-I, Attingal are quashed and the petitioner shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/16/02/2022 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF FIR IN CRIME NO 604/2007 OF ATTINGAL POLICE STATION DATED 4.9.2007 Annexure 2 THE COPY OF REPORT DATED 5.9.2007 IN CRIME NO 604/2007 OF ATTINGAL POLICE STATION Annexure 3 THE COPY OF FINAL REPORT IN CRIME NO 604/2007 OF ATTINGAL POLICE STATION DATED NIL Annexure 4 THE CERTIFIED COPY OF JUDGMENT IN CC 184/2009 OF JFMC-1, ATTINGAL DATED 30.4.2019 TRUE COPY P.A.TO JUDGE