Kerala High Court
Sanjeev.P.S vs State Of Kerala on 14 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:76297
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
CRL.MC NO. 7965 OF 2025
CRIME NO.2316/2016 OF Kannur Town Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.194 OF 2020 OF
ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,
THALASSERY
PETITIONER:
SANJEEV.P.S
AGED 27 YEARS
S/O SADANANTHAN, NIRATHUMMAL VALIYAPARAMBATH HOUSE,
PANOOR, THALASSERY, KANNUR DISTRICT, PIN - 670692
BY ADVS.
SHRI.RAMEES P.K.
SHRI.ADITHYA VARMA S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT, ERNAKULAM, PIN - 682031
2 ABHINAV RAJEEV.K
S/O RAJEEV, SABARMATHI, NEAR KADMBOOR HSS,
KADAMBOOR P.O., KANNUR DISTRICT, PIN - 670663
OTHER PRESENT:
BY PUBLIC PROSECUTOR- SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 7965 of 2025 -:2:-
2025:KER:76297
ORDER
Dated this the 14th day of October, 2025
The petitioner is the first accused in Crime No.
2316/2016 registered by the Kannur Town Police
Station, Kannur District, against six accused persons,
for allegedly committing the offences punishable under
Sections 294(b), 323, 324, 341, 308 and 506(i) read with
Section 34 of the Indian Penal Code.
2. The prosecution case is that; on
17.10.2016, at about 15:00 hours, the accused persons
had restrained the defacto complainant (PW1) near the
main gate of S.N. College, uttered obscene words against
him, and the Accused No:1 stabbed him with a
dangerous weapon. PW1 was hurt in the incident.
Consequently, Annexure 1 FIR was registered.
3. The police, after investigation, filed Annexure
2 Charge Sheet before the Court of the Judicial First
Class Magistrate-I, Kannur. The case was committed to
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the Court of Sessions, Thalassery, and was made over to
the Assistant Sessions Judge, Kannur ('Trial Court', for
short), and numbered as S.C. No. 680/2018.
4. The petitioner contends that he was unaware
of the proceedings, as he was pursuing his studies and
thereafter took up employment. Therefore, he did not
participate in the trial. The Trial Court proceeded with
the trial as against the accused 2 to 4. By Annexure 3
judgment, the Trial Court acquitted the accused 2 to 4 as
there was no cogent evidence to prove beyond
reasonable doubt that the said accused have committed
the crime. Whereas, the case against the petitioner has
been split up and re-numbered as S.C. No. 194/2020.
The petitioner is entitled to the benefit of findings in
Annexure 3 judgment. Even if the petitioner participates
in the trial, there is no likelihood of be Trial Court taking
a different view than in Annexure 3 judgment. The entire
exercise would be a sheer waste of judicial time.
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Therefore, the Crl. M.C. may be allowed and Annexure 1
FIR, Annexure 2 Charge Sheet and all further
proceedings in S.C. No. 194/2020 may be quashed.
5. I have heard the learned Counsel for the
petitioner and the learned Public Prosecutor.
6. It is not in dispute that the petitioner had not
participated in the trial. The case against the petitioner
was split up, and the Trial Court proceeded with the trial
against the accused 2 to 4.
7. The prosecution had examined the witnesses
PW1 (injured) and PW2 (the ocular witness). The PW3
was the Investigating Officer. PW1, the injured, in
unequivocal terms testified that, even though he was
attacked by some assailants, he did not see any of them.
Similarly, PW2 testified that he did not witness the said
incident. The Investigating Officer only marked the
documents, but did not prove anything incriminating
against the accused persons. In light of the oral
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testimonies of the PW1 and PW2, who feigned ignorance
of the entire alleged incident and failed to identify the
accused persons, the Trial Court rightly concluded that
the prosecution had miserably failed to prove beyond
reasonable doubt that the accused persons had
committed the offences alleged against them.
Consequently, by Annexure 3 judgment, the Trial Court,
acquitted the accused 2 to 4.
8. 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.
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9. Having gone through the materials on record,
particularly the findings in Annexure 3 judgment, and
the undisputed fact that the PW1 (the injured) has failed
to identify the accused persons and the so-called ocular
witness (PW2) has completely denied the incident, I am
of the definite view that, even if the petitioner undergoes
the ordeal of trial, it would not yield a different result
than Annexure 3 judgment. The further trial against the
petitioner would only be a sheer waste of judicial time,
and the entire machinery would have to go through the
process all over again. Thus, I am convinced and
satisfied that this is a fit case to exercise the inherent
powers of this Court under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, and quash Annexure 1
FIR, Annexure 2 Charge Sheet and all further
proceedings in S.C. No. 194/2020 of the Assistant
Sessions Judge, Kannur, as against the petitioner/first
accused in Crime No. 2316/2016 of Kannur Town Police
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Station.
In the result, the Crl.M.C is allowed. Annexure 1
FIR in Crime No. 2316/2016 of Kannur Town Police
Station, Annexure 2 Charge Sheet and all further
proceedings in S.C. No. 194/2020 of the Assistant
Sessions Judge, Kannur, as against the petitioner, are
quashed.
The Crl.M.C is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/ 14.10.2025
2025:KER:76297
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE FIRST INFORMATION
REPORT AND FIS IN CRIME NO. 2316/2016 OF
KANNUR TOWN POLICE STATION, KANNUR
DISTRICT
ANNEXURE 2 A TRUE COPY OF THE CHARGE SHEET IN CRIME
NO. 2316/2016 OF KANNUR TOWN POLICE
STATION, KANNUR DISTRICT
ANNEXURE 3 A TRUE COPY OF JUDGMENT OF THE ASSISTANT
SESSIONS JUDGE, KANNUR IN SC 680/2018
DATED 26/02/2020
