[Cites 2, Cited by 0]
Kerala High Court
Renjith Pillai vs State Of Kerala on 8 December, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:94836
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
CRL.MC NO. 10018 OF 2025
CRIME NO.129/2015 OF Koipuram Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.887 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONER/ACCUSED:
RENJITH PILLAI,
AGED 38 YEARS
S/O SASIDHAREN PILLAI,
RESIDING AT THEVELIL MANNIL HOUSE,
NEAR ARANMULA TEMPLE, ARANMULA VILLAGE,
MALLAPUZHACHERRY VILLAGE,
PATHANAMTHITTA DISTRICT PIN, PIN - 689533
BY ADVS.
SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
SMT.ANJU SUSAN REJI
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
2 JITHIN GEORGE,
S/O JOHN, NEDUMTHOTTIYIL HOUSE,
ALEX NAGAR, CHERIKOD POST, SREEKANDAPURAM VILLAGE,
KANNUR DISTRICT, PIN - 670631
OTHER PRESENT:
SENIOR PUBLIC PROSECUTOR- SRI.C.S.HRITHWK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Dated this the 8th day of December, 2025
ORDER
The petitioner is the first accused in C.C. No.
887/2023 on the file of the Judicial First Class
Magistrate-II, Pathanamthitta ('Trial Court', in short),
which has originated from Crime No. 129/2015 of the
Koipuram Police Station, Pathanamthitta District,
wherein the petitioner was ranked as the fourth accused,
for allegedly committing offences punishable under
Sections 294(b), 323, 324 and 427 read with Section 34
of the Indian Penal Code.
2. The crux of the prosecution case is that;
On 16.02.2015, around 21:45 hours, the accused
persons, in prosecution of their common intention, had
uttered obscene words at the defacto complainant,
assaulted him with hands and legs and caused injury to
his right eye and different parts of his body. Further, the
accused persons smashed bottles and caused a loss of
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Rs. 5,000/- to the property of the defacto complainant.
Thus, the accused have committed the above offences.
3. The petitioner states that, even though he
was enlarged on bail in the crime, he did not receive
summons from the Trial Court. Consequently, the case
against him was split up, and the Trial Court proceeded
with the trial as against the accused 1 to 3. However, by
Annexure 3 judgment, the Trial Court, on finding that the
prosecution had failed to prove beyond reasonable doubt
that the said accused persons had committed the above
offences, had acquitted the said accused persons. By the
acquittal of the accused 1 to 3, the substratum of the
prosecution case has been lost. Therefore, even if the
petitioner withstand the ordeal of trial, it will not lead to
a conviction. Hence, the Crl.M.C. may be allowed.
4. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
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5. Crime No. 129/2015 was registered against
five accused persons for allegedly committing the above
offences.
6. It is not in dispute that the petitioner did not
withstand the trial. However, the Trial Court proceeded
with the trial as against the accused 1 to 3, and by
Annexure 3 judgment found that PW1 had turned hostile
to the prosecution because he did not identify the
assailants. He also testified that he did not witness the
incident. Likewise, the prosecution could not procure the
presence of CWs 2 and 4. Only the doctor and the CPO
were examined as PWs 2 and 3. On a consideration of the
evidence of the Pws 1 to 3, the Trial Court concluded
that the prosecution had miserably failed to prove
beyond reasonable doubt that the accused persons had
committed the above offences. Consequently, the
accused 1 to 3 were acquitted by Annexure 3 judgment.
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7. In Moosa V. Sub Inspector of Police (2006
(1) KLT 552), a full Bench of this Court has held that in
a case where the very substratum of the case is lost by
the acquittal of the co-accused, the inherent power of
this Court can be exercised to quash the proceedings
against the other accused persons. The same view has
been repeatedly reiterated by the Hon'ble Supreme
Court and this Court in a catena of precedents on the
same question of law.
8. I have carefully analysed the facts and the
materials on record, and the findings in Annexure 3
judgment. The Trial Court has explicitly found that the
PW1 testified that he did not identify the assailants and
that he had not witnessed the incident. The prosecution
has failed to prove beyond reasonable doubt that the
accused 1 to 3 had committed the above offences. In
view of the findings in Annexure 3 judgment, I am of the
firm view that the substratum of the prosecution case
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has been lost. Even if the petitioner undergoes the ordeal
of the trial, it would not yield a different result than
Annexure 3 judgment. It will be a sheer waste of judicial
time to conduct the trial all over again for the petitioner.
Thus, I am convinced and satisfied that the findings of
acquittal in Annexure 3 judgment should enure to the
benefit of the petitioner also. Therefore, in exercise of
the inherent powers of this Court under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, I am
inclined to allow the Crl.M.C.
In such circumstances, I allow the Crl.M.C, by
quashing Annexure 1 FIR and Annexure 2 Final Report
and all further proceedings in C.C. No. 887/2023 on the
file of the Trial Court, as against the petitioner.
Sd/-
C.S.DIAS, JUDGE
mtk
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APPENDIX OF CRL.MC NO. 10018 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF FIR IN CRIME NO.
129 OF 2015 OF KOIPURAM POLICE STATION
DATED 17.02.2015
Annexure 2 THE CERTIFIED COPY OF FINAL REPORT IN CC
453 OF 2015 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-2, PATHANAMTHITTA DATED
17.02.2015
Annexure 3 THE COPY OF JUDGEMENT IN CC NO. 453 OF
2015 OF JFMC-2 PATHANAMTHITTA
