[Cites 1, Cited by 0]
Kerala High Court
Sarath Sasidharan vs State Of Kerala on 1 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:92676
CRL.MC NO. 2363 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947
CRL.MC NO. 2363 OF 2024
CRIME NO.241/2021 OF Ranni Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.808 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
PETITIONER/ACCUSED NO.4:
SARATH SASIDHARAN
AGED 33 YEARS
S/O SASIDHARAN PILLAI, VECHUTHUNDIYIL
HOUSE,CHETHAKKAL P.O, PATHANAMTHITTA, PIN - 689677
BY ADVS.
SRI.MANSOOR.B.H.
SMT.SAKEENA BEEGUM
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
RANNI POLICE STATION. PATHANAMTHITTA, PIN - 689533
3 P.M THOMAS
S/O MATHAI POOVELIL VEEDU,PODIPPARA,CHETHAKKAL P.O,
CHETHAKKAL,PATHANAMTHITTA, PIN - 689533
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2
BY ADVS.
SHRI.A.MUHAMMED MUSTHAFA
SHRI.S.PRAKASH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 2363 OF 2024
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ORDER
Dated this the 1st day of December, 2025
The petitioner is the 4th accused in
C.C.No.808/2022 on the file of the Court of the Judicial
First-Class Magistrate-I, Ranni (Trial Court), which
originates from Crime No.241/2021 registered by the
Ranni Police Station, Pathanamthitta, alleging the
commission of the offences punishable under Sections
143, 144, 147, 148, 447 and 427 r/w Section 149 of the
Indian Penal Code and Section 5 of the Kerala Prevention
of Damage to Private Property and Payment of
Compensation Act, 2019.
2. The crux of the prosecution allegation is that,
on 27.08.2020, at around 3.00 hours, the accused
persons, in prosecution of their common intention, had
formed themselves into an unlawful assembly and
demolished the gate and plantations of the de facto
complainant using an excavator and caused a loss of
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Rs.2.5/- lakh. The said act was done in violation of the
injunction order passed by the Civil Court. Thus, the
accused have committed the above offences.
3. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner submits
that, even if the allegations in Annexure A final report are
taken on their face value, the same will not constitute the
offences charged against the petitioner. There is no
material to substantiate the petitioner's involvement in
the crime. A reading of the first information report
would show that the petitioner was not even named as an
accused in the crime. Subsequently, the petitioner was
arraigned as an accused in the crime. Since there is no
corroborative material, the chances of conviction are
bleak. Therefore, all further proceedings in the above
crime may be quashed.
5. The learned Public Prosecutor opposes the
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Crl.M.C. She submits that there are sufficient materials
to prove the petitioner's culpability in the crime. The
petitioner was identified on the date of incident itself. It
is on that basis that the final report has been filed. There
is a specific overt act attributed against the petitioner.
He along with other accused had trespassed into the
property of the 3rd respondent, demolished the boundary
and widened the public pathway by using an excavator.
The petitioner and the other accused persons had caused
a loss of Rs.2.5/- lakh to the 3 rd respondent. Hence, the
Crl.M.C. may be dismissed.
6. The petitioner's present attempt is to quash
Annexure A final report and all further proceedings in
C.C. No. 808/2022 of the Trial Court.
7. On a perusal of the materials on record, I find
that the petitioner had filed a writ petition to quash the
First Information Report and all further proceedings in
the crime. However, by Annexure D judgment, this Court
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CRL.MC NO. 2363 OF 2024
had dismissed the writ petition, and directed the
petitioner to surrender before the jurisdictional court, and
after the investigation was completed, to file a discharge
petition. This Court also directed the Trial Court to
consider the discharge petition without insisting for the
petitioner's presence. It seems that the petitioner has
not complied with the said directions, Instead he has filed
this Criminal Miscellaneous case to quash the final report.
8. In light of the directions in the above
judgment, I hold that the petitioner cannot re-agitate the
matter by filing a fresh Crl.M.C., seeking to quash
Annexure A final report, without first complying with the
directions in the judgment, that is to file a discharge
petition before the Trial Court at the appropriate stage.
Hence, I am of the definite view that it would be upto the
petitioner to first comply with the directions in Annexure
D judgment, and if the petitioner is aggrieved by any
order, he would be at liberty to work out his remedies in
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accordance with law.
In the aforesaid circumstances, I dispose of the Crl.
M.C., by permitting the petitioner to workout his
remedies as directed in Annexure D judgment. If such
application is filed, the Trial Court is directed to consider
and dispose of the same, in accordance with law,
untrammelled by any observation made in this order.
Thereafter, if the petitioner is aggrieved by any order
passed by the Trial Court, he would be at liberty to
workout his remedies in accordance with law.
SD/-
C.S.DIAS, JUDGE
rmm/1/12/2025
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CRL.MC NO. 2363 OF 2024
APPENDIX OF CRL.MC NO. 2363 OF 2024
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO:241/2021 OF RANNI POLICE STATION
Annexure B TRUE COPY OF THE PROCEEDINGS DATED
29/12/2021 BEARING NO:DB2-390/2020-21
ISSUED BY THE EXECUTIVE ENGINEER, PUBLIC
HEALTH DIVISION, PATHANAMTHITTA
Annexure C TRUE COPY OF THE OFFER LETTER ISSUED BY
THE PENTA CARE SERVICES LIMITED DATED
28/9/2023
Annexure D TRUE COPY OF JUDGMENT DATED 1.11.2023 IN
W.P.CRL.NO.1072/2023 OF THIS HON'BLE
COURT
