Kerala High Court
Vishnu vs State Of Kerala on 23 July, 2025
2025:KER:54513
Crl.M.C.No.10572/2023
-:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
CRL.MC NO. 10572 OF 2023
CRIME NO.672/2019 OF EZHUKONE POLICE STATION, KOLLAM
AGAINST THE JUDGMENT DATED 21.11.2023 IN SC NO.948 OF
2020 OF ASSISTANT SESSIONS COURT,KOTTARAKKARA
PETITIONER/2ND ACCUSED:
VISHNU,
AGED 27 YEARS,
S/O. PUSHPANGATHAN,
VISHNU BHAVANAM,
BHARANIKAVU, CHOORAPOIKA,
KAREEPRA VILLAGE,
KOLLAM, PIN - 691509
BY ADV SRI.SHABU SREEDHARAN
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
ADDL.R2 MANU
MANU BHAVAN, BHARANICAVU,
CHOORAPOIKA, KAREEPRA P.O.,
EZHUKONDE, KOLLAM-691505 IS IMPLEADED AS PER ORDER
DATED 06.11.2024 IN CRL.M.A.NO.02/2024)
ADDL.R3 MOHANAN
S/O. THANKAPPAN,
MANU BHAVANAM,
BHARANIKKAVU, KAREEPRA P.O.,
KOLLAM -691509
2025:KER:54513
Crl.M.C.No.10572/2023
-:2:-
ADDL.R4 SAKUNTHALA
W/O. MOHANAN,
MANU BHAVANAM,
BHARANIKKAVU,
KAREEPRA P.O.,
KOLLAM
ADDL.5 SWAPNA
W/O. MANU, MANU BHAVANAM,
BHARANIKKAVU, KAREEPRA P.O.,
KOLLAM
ADDL.6 UMESH BABU
S/O. VIJAYAN,
PALAVILA PUTHEN HOUSE,
BHARANIKKAVU,
KAREEPRA P.O.,
KOLLAM
ADDL.7 DEEPTHI
W/O. UMESH BABU,
PALAVILA PUTHEN HOUSE,
BHARANIKKAVU, KAREEPRA P.O.,
KOLLAM
[ADDL R3 TO R7 IS IMPLEADED AS PER ORDER DATED
10.12.2024 IN CRL.M.A.NO.06/2024]
BY ADV SMT.SHAHANAS SALMA ABBAS
OTHER PRESENT:
SMT MAYA M.N., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:54513
Crl.M.C.No.10572/2023
-:3:-
ORDER
The petitioner is the second accused in Crime No.672/2019 of
Ezhukone Police Station, Kollam. The offences alleged against him are
under Sections 452, 323, 324, 354 & 308 read with Section 34 of the
Indian Penal Code, 1860. The prosecution case is that on 02.05.2019, at
about 12:15 midnight, the petitioner, along with other accused, criminally
trespassed into the house where CW1 to CW3 were residing and
subjected them to voluntary hurt by inflicting blows with an iron rod and
a torch light, causing serious injuries to CW1. It is stated that CW1
escaped death, only because he managed to dodge away from the
assault of the accused. Thus, the petitioner, along with other accused, is
alleged to have committed the aforesaid offences.
2. Upon commitment and makeover of the case, the learned
Assistant Sessions Judge, Kottarakkara, proceeded with the trial in
S.C.No.948/2020. Since the petitioner herein, who is the second accused,
did not appear before the learned Assistant Sessions Judge, the case
against him was split up. In the trial that ensued against accused Nos.1,
3 & 4, three witnesses were examined as PW1 to PW3 and three
documents were marked as Exts P1 to P3. Three material objects were
2025:KER:54513
also identified as MO1 to MO3. However, the witnesses so examined did
not state anything to connect the accused with the crime. In the above
circumstances, the learned Assistant Sessions Judge dispensed with the
examination of the accused under Section 313 of the Code of Criminal
Procedure, 1973 (in short, 'Cr.PC') and acquitted accused Nos.1, 3 & 4
under Section 232 Cr.PC. The case against the present petitioner was
accordingly refiled and re-numbered as S.C.No.1652/2023.
3. In the present petition, the petitioner would contend that the
proceedings against him in the aforesaid case are liable to be quashed,
since the Trial Court already found that the prosecution could not
establish the charge levelled against any of the accused.
4. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
5. Annexure-6 is the copy of the judgment rendered by the
Assistant Sessions Court, Kottarakkara, in S.C.No.948/2020. As per the
above judgment dated 21.11.2023, accused Nos.1, 3 & 4 were acquitted
under Section 232 Cr.PC on the finding that the prosecution could not
adduce any evidence to establish the charge levelled against the
accused. It has been observed by the learned Assistant Sessions Judge
in the aforesaid judgment that none of the witnesses examined from the
2025:KER:54513
part of the prosecution as PW1 to PW3 did testify anything to connect
the accused persons with the crime. Accordingly, it has been found by
the Trial Court that there is no evidence against any of the accused
persons in respect of the offence alleged in this case. Thus, it is
apparent from Annexure-6 judgment that the entire substratum of the
prosecution case is lost. In that view of the matter, the continuance of
the prosecution proceedings against the petitioner herein in S.C.No.
1652/2023 will not serve any purpose. The termination of the
prosecution proceedings in the said case is highly necessary to save
precious judicial time. Therefore, the prayer of the petitioner to quash
the proceedings against him, has to be allowed.
In the result, the petition stands allowed. The proceedings against
the petitioner (second accused in Crime No.672/2019 of Ezhukone Police
Station) in S.C.No.1652/2023 on the files of the Assistant Sessions Court,
Kottarakkara, are hereby quashed.
(Sd/-)
G. GIRISH, JUDGE
DST/23.07.25
2025:KER:54513
APPENDIX
PETITIONER ANNEXURES
ANNEXURE-1 THE CERTIFIED COPY OF THE FIR WITH THE FIS
AND BODY NOTES DATED 2.5.2019 IN CRIME NO.
672/2019 OF EZHUKONE POLICE STATION
ANNEXURE-2 THE CERTIFIED COPY OF THE CHARGE SHEET
DATED 28.10.2019 IN CRIME NO. 672/2019 OF
EZHUKONE POLICE STATION
ANNEXURE-3 THE CERTIFIED COPY OF THE DEPOSITION OF PW1
ANNEXURE-4 THE CERTIFIED COPY OF THE DEPOSITION OF PW2
ANNEXURE-5 THE CERTIFIED COPY OF THE DEPOSITION OF PW3
ANNEXURE-6 HE CERTIFIED COPY OF THE JUDGMENT IN SC
948/2020 OF THE ASST. SESSIONS COURT,
KOTTARAKKARA
