Kerala High Court
Syamkumar vs State Of Kerala on 31 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:82536
CRL.MC NO. 9036 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947
CRL.MC NO. 9036 OF 2025
CRIME NO.1569/2012 OF MALA POLICE STATION, THRISSUR
PETITIONER/4TH ACCUSED:
SYAMKUMAR,
AGED 41 YEARS
S/O. NARAYANAN, AIKKARA HOUSE, IRANIKKULAM DESOM,
THIRUTHA-THIRUMUKULAM VILLAGE, CHALAKUDY TALUK,
THRISSUR DISTRICT., PIN - 680734
BY ADVS.
SMT.I.SHEELA DEVI
SRI.BINESH.K.N.
RESPONDENTS/1ST COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
2 PRAVEEN,
AGED 29 YEARS
S/O GOPALAKRISHNAN, AIKKARA VEEDU, THIRUMUKKULAM
VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT.,
PIN - 680734
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:82536
CRL.MC NO. 9036 OF 2025 2
C.S.DIAS, J.
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Crl.MC No. 9036 OF 2025
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Dated this the 31st day of October, 2025
ORDER
The petitioner is the accused in S.C. No.854/2019
on the file of the Additional Assistant Sessions Court,
Irinjalakuda, which arises out of Crime No.1569/2012
registered by the Mala Police Station, Thrissur, wherein the
petitioner was arraigned as the 4th accused alleging the
commission of the offences punishable under Sections 341,
323, 324, 326, 308, 427 and 506(i) of the Indian Penal Code.
2. The essence of the prosecution case is that, on
03.12.2012, at around 20.30 hours, the accused persons, in
furtherance of their common intention, armed with iron rods
and weapons wrongfully restrained the defacto complainant
and hit him on his head with an iron rod. When CW2
attempted to intercept in the matter, the 1 st accused hit him
and caused facture on his ribs. The 3 rd accused punched
2025:KER:82536
CW2. Similarly, the accused 3 and 4 had wrongfully
restrained the defacto complainant and intimidated that
they would kill him. In the altercation, the defacto
complainant also lost Rs.4,500/-. Thus, the accused have
committed the above offences.
3. The petitioner has stated that, even though he had
got himself enlarged on bail, he could not participate in the
trial. Consequently, the case against him was split up and
the Trial Court proceeded with the trial as against the
accused Nos.1 and 3. However, by Annexure-A9 judgment,
the Trial Court acquitted accused Nos.1 and 3 on the
specific finding that the injured as well as the witnesses
failed to identify the assailants. From the evidence that was
gathered in the trial, the Court came to the conclusion that
the matter was amicably settled between the parties. On
finding that the prosecution has failed beyond reasonable
doubt to prove that the accused persons had committed the
above said offences, the Trial Court acquitted accused Nos.1
and 3. Now, the case against the petitioner has renumbered
2025:KER:82536
as S.C. No.854/2019. The continuation of proceedings would
be a sheer waste of judicial time. Therefore, the Crl.M.C.
may be allowed.
4. Heard; the learned counsel for the petitioner and
the learned Public Prosecutor.
5. Crime No.1569/2012 was registered against the
accused persons for allegedly committing the offences
mentioned above. The Investigating Officer laid Annexure-
A5 Final Report as against all the accused persons.
6. It is not in dispute that the petitioner did not
participate in the trial. It is his case that, even though
accused Nos.1 and 3 faced the trial, the prosecution has
failed to prove beyond reasonable doubt that the accused
have committed the above offences. Therefore, it would be
sheer waste of judicial time to continue the proceedings as
against the petitioner.
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
2025:KER:82536
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.
8. After having carefully gone through the materials
on record, particularly the findings in Annexure-A9
judgment, wherein the Trial Court came to the conclusion
that the injured as well as the witnesses failed to identify
the accused persons and it was gatherable that the dispute,
which led to registration of crime was amicably settled
between the parties, the prosecution had failed to prove
beyond reasonable doubt that the accused persons had
committed the above offences.
9. On an anxious consideration of the facts and the
materials on record, particularly the findings of the Trial
Court in Annexure-A9 judgment, I am of the definite view
that the said findings in Annexure-A9 judgment are squarely
applicable to the petitioner also. Even if the petitioner
2025:KER:82536
withstands the ordeal of trial, it is not going to yield a
different result than Annexure-A9 judgment. Thus, I am
convinced and satisfied that the findings of acquittal in
Annexure-A9 judgment in favour of the accused Nos.1 and 3
should enure to the benefit of the petitioner also. It would
only be a sheer waste of judicial time to conduct the trial all
over again. Thus, in exercise of the inherent powers of this
Court under Section 528 of the Bharatiya Nagrik Suraksha
Sanhita, 2023, I am inclined to allow the Crl.M.C.
In the afore said circumstances, I allow this Crl.M.C,
by quashing Annexure-A1 FIR and Annexure-A5 final report
and all further proceedings in S.C.No.854/2019 on the files
of the Additional Assistant Sessions Court, Irinjalakuda, as
against the petitioner.
Sd/-
C.S.DIAS, JUDGE
SCB
2025:KER:82536
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF F.I.R NO. 1569/2012 DATED
04.12.2012 IN REGISTERED BY MALA POLICE
Annexure A2 CERTIFIED COPY OF WITNESS MEMORANDUM IN
CRIME NO.1569/2012 SUBMITTED BEFORE THE
JUDICIAL FIRST-CLASS MAGISTRATE COURT
CHALAKKUDY DATED 16.01.2013
Annexure A3 CERTIFIED COPY OF SCENE MAHAZHAR (TWO
NUMBERS) DATED 16.01.2013
Annexure A4 CERTIFIED COPY OF SKETCH
Annexure A5 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.
1569/2012 DATED 16.01.2013 IN MALA POLICE
Annexure A6 CERTIFIED COPY OF DISCHARGE CERTIFICATE
DATED 28.12.2012 FROM TALUK HEAD QUARTERS
HOSPITAL CHALAKKUDY
Annexure A7 CERTIFIED COPY OF WOUND CERTIFICATE DATED
03.12.2012
Annexure A8 CERTIFIED COPIES OF WITNESS STATEMENT DATED
05.12.2012 AND 10.12.2012 OF PRAVEEN,
GOPALAKRISHNAN, JERIN AND SHINE
Annexure A9 CERTIFIED COPY OF JUDGMENT IN SC NO.
145/2013 DATED 20.09.2019 ON THE FILE OF
ADDL. ASST. SESSIONS COURT AT IRINJALAKUDA
Annexure A10 CERTIFIED COPIES OF WITNESS STATEMENT DATED
02.07.2019 OF MANIKANDAN K.R AND KAMALJITH
J.M
