Mahesh @ Unni vs State Of Kerala
2023 Latest Caselaw 8198 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                    CRL.MC NO. 5750 OF 2023
 AGAINST THE ORDER IN SC NO.1068/2019 OF ADDITIONAL DISTRICT
 COURT & SESSIONS COURT - IV, PALAKKAD / III ADDITIONAL MACT,
                           PALAKKAD

PETITIONER/ACCUSED :-

           MAHESH @ UNNI, AGED 42 YEARS
           KALAPPURA HOUSE, JAGATHY (PO), THYKKAD VILLAGE,
           THIRUVANANTHAPURAM DISTRICT., PIN - 695014

           BY ADVS.
           P.S.ANISHAD
           LIMNA BHASKARAN
           VINOSE BABU
           VISHNU R.
           V JAYASREE
           T.AJITH KUMAR
           VISHAL PAVITHRAN
           DONY C. JOSE

RESPONDENT/COMPLAINANT :-

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031

           BY SRI.VIPIN NARAYAN, SR.PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
  01.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.5750 OF 2023
                                         2




                                        ORDER

The petitioner herein is the accused in S.C.No.1068 of 2019 on

the file of the IV-Additional Sessions Court, Palakkad. In the aforesaid case,

he is facing prosecution for having committed offence punishable under

Section 55(a) of the Abkari Act.

2. The prosecution allegation is that the accused conspired and

transported 768 litres of spirit in a Bolero Jeep.

3. In the final report laid before the learned magistrate, 5 persons

were arrayed as the accused and the petitioner herein was the 5th accused.

The petitioner failed to appear before the Court and the case against him

was split up. The rest of the accused were proceeded with, and by

Annexure-2 judgment dated 20.02.2018 in S.C.No.22 of 2011, they were

acquitted of all charges. The petitioner has now surrendered before the

Court of Session and is facing trial.

4. This petition is filed on the basis of the acquittal of the

co-accused, seeking to quash the proceedings on the ground that the

substratum of the case against the petitioner has been shattered.

5. I have heard the learned counsel for the petitioner as well as the

learned Public Prosecutor.

CRL.MC NO.5750 OF 2023

6. The learned Counsel appearing for the petitioner, relying on the

decisions of this Court in Moosa V Sub Inspector of Police1, Abbas T.K. V

State of Kerala2, Jalalu Rajan and Anr V State of Kerala3 and Ashraf

Kancheriyil V State of Kerala4 would submit that the continuance of

proceedings against the petitioner would serve no purpose.

7. I have gone through the charge sheet (Annexure 1) and the

judgment of acquittal (Annexure 2) rendered by the learned Sessions Judge.

After meticulously analysing the evidence, the learned Sessions Judge came to

the conclusion that there was no evidence worth the name to link any of the

accused with the offences alleged. As held by this court in Moosa v. Sub

Inspector of Police5, although the reasoning of the judgment or the

appreciation of evidence in the case of a co-accused therein is not grounds to

grant any relief under Section 482 of the Code of Criminal Procedure, an

exception to this rule exists when the substratum of the case is lost.

8. I am firmly of the view that there is no point in directing the

petitioner to face trial at this stage. It would be a futile exercise that would

only serve to waste precious judicial time, which could be better spent on

2006 (1) KLJ 349

2013 KHC 336

2013 KHC 177

2011 (2) KHC 812

2006 (1) KLT 552 CRL.MC NO.5750 OF 2023

more productive matters. The prospects of conviction are extremely slim, as

the prosecution was unable to produce any plausible evidence during the

previous trial. This court would be justified in quashing the proceedings under

Section 482 of the Code.

Resultantly, this petition will stand allowed. Annexure-1 final report in

Crime No. 200 of 2009 of the Walayar Police station and all proceedings

against the petitioner, now pending as S.C.No.1068 of 2019 on the file of the

IV Additional Sessions Court, Palakkad, are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE SMA CRL.MC NO.5750 OF 2023

APPENDIX OF CRL.MC 5750/2023

PETITIONER ANNEXURES :-

Annexure 1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.

200/2009 OF WALAYAR POLICE STATION, PLAKKAD DISTRICT DATED 31.03.2010.

Annexure 2 A TRUE COPY OF THE JUDGMENT IN S.C. NO. 22/2011 DATED 20.02.2018 OF THE IVTH ADDITIONAL SESSIONS COURT, PALAKKAD