Kerala High Court
Sebin Subramanyan vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
CRL.MC NO. 6563 OF 2023
ST 45/2023 OF GRAMA NYAYALAYA, VADAVUCODE AT KOLENCHERY
PETITIONER/ACCUSED:
SEBIN SUBRAMANYAN
AGED 40 YEARS
PULICKAL HOUSE, ERUMELI KARA, KUMARAPURAM P.O., ,
ERNAKULAM DISTRICT., PIN - 683565
BY ADVS.
VINU CHAND
C.R.VINOD KUMAR
GEEVARGHESE MATHEW
SHEENA K.S.
RESPONDENT/STATE:
STATE OF KERALA
S.H.O. KUNNATHUNADU POLICE STATION, ERNAKULAM,
REPRESENTED THROUGH PUBLIC PROSECUTOR ,
HIGH COURT OF KERALA, PIN - 683562
OTHER PRESENT:
SMT.SREEJA.V, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CrlM.C..No.6563/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.6563 of 2023
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Dated this the 19th day of October, 2023
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. Petitioner is the accused in S.T.No.45/2023 on the
file of the Gram Nyayalaya, Vadavukode, Kolencherry, arising
from Crime No.761/2013 of Kunnathunadu Police Station. The
above case is charge-sheeted alleging offences punishable
under Sections 341, 447, 323 and 506(i) read with Section 34
of the Indian Penal Code.
3. Heard counsel for the petitioner and the Public
Prosecutor.
4. The counsel for the petitioner submitted that the
co-accused were already acquitted by the Gram Nyayalaya as
per Annexure-A1 and the continuation of the proceedings
against the petitioner will be an abuse of process of court
CrlM.C..No.6563/2023
because the substratum of the prosecution case is shattered.
The Public Prosecutor submitted that the petitioner has to
face trial before the lower court and this court may not invoke
the powers under Section 482 of the Code.
5. This Court in Moosa v. Sub Inspector of Police
(2006 (1) KLT 552), Abbas T.K. v. State of Kerala (2013
KHC 336) and in Ashraf Kancheriyil v. State of Kerala
(2011(2) KHC 812) considered the powers of this court to
invoke Section 482 of the Code to quash the proceedings
based on the acquittal of co-accused. The dictum laid down by
this court in the above judgment is that, if substratum of
prosecution case is shattered by the judgment of acquittal of
the co-accused that could be taken into account while
considering the request to quash the proceedings. After going
through the judgment of the trial court, I am of the considered
opinion that the continuation of the prosecution against the
petitioner/s will be an abuse of process of court.
6. This Court perused Annexure-A1 judgment. A
perusal of Annexure-A1 would show that no purpose will be
served in continuing the proceedings against the petitioner.
7. From the above, it is clear that the substratum of
CrlM.C..No.6563/2023
the prosecution case is shattered by the judgment delivered by
the lower court, while acquitting the co-accused. Therefore,
this court is of the view that the continuation of the
prosecution will be an abuse of process of court and it will be
a judicial waste of time. Therefore, this Crl.M.C can be
allowed.
Therefore, this Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioner in
S.T.No.45/2023 on the file of the Gram Nyayalaya,
Vadavukode, Kolencherry, arising from Crime No.761/2013 of
Kunnathunadu Police Station, are quashed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
CrlM.C..No.6563/2023
APPENDIX OF CRL.MC 6563/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE JUDGMENT PASSED
BY THE GRAM NYAYALAYA, VADAVUKODE,
KOLENCHERRY DATED 29/12/2022 IN ST NO.
48/2017
Annexure A2 A TRUE COPY OF THE FINAL REPORT
SUBMITTED IN ST NO. 45/2023 ON THE
FILE OF GRAM NYAYALAYA, VADAVUKODE,
KOLENCHERRY
