[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:92966
CRL.MC NO. 2466 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. 2466 OF 2024
CRIME NO.256/2021 OF Ranni Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.794 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI
PETITIONER/ACCUSED:
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 ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
RANNI POLICE STATION PATHANAMTHITTA, PIN - 689533
3 VIJAYAN PILLA
AGED 62 YEARS
S/O SIVARAMAN PILLA KIZHAKETHIL VEEDU,
CHETHAKKAL P. O, CHETHAKKAL, PATHANAMTHITTA,
PIN - 689533
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CRL.MC NO. 2466 OF 2024
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BY ADVS.
SHRI.A.MUHAMMED MUSTHAFA
SHRI.S.PRAKASH
PP SRI. M.P.PRASANTH
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. 2466 OF 2024
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ORDER
Dated this the 1st day of December, 2025
The petitioner is the accused in C.C.No.794/2023
on the file of the Court of the Judicial First-Class
Magistrate-I, Ranni (Trial Court), which originates from
Crime No.256/2021 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 26.08.2020, at around 17.00 hours, the accused
persons, in prosecution of their common intention, had
formed themselves into an unlawful assembly and
demolished the gate and boundary wall of the de facto
complainant using an excavator and caused a loss of
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Rs.58,272/-. 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
Crl.M.C. She submits that there are sufficient materials to
prove the petitioner's culpability in the crime. The
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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.58,272/- to the 3rd 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. 794/2023 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 had
dismissed the writ petition, and directed the petitioner to
surrender before the jurisdictional court, and after the
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CRL.MC NO. 2466 OF 2024
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 accordance with law.
In the aforesaid circumstances, I dispose of the Crl.
M.C., by permitting the petitioner to workout his remedies
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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. 2466 OF 2024
APPENDIX OF CRL.MC NO. 2466 OF 2024
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO:256/2021 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.1063/2023 OF THIS HON'BLE
COURT
