Kerala High Court
Kabeer Kutty vs State Of Kerala on 17 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:77613
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
CRL.MC NO. 8277 OF 2025
CRIME NO.401/2007 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.731 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL
PETITIONER/ACCUSED NO. 4:
KABEER KUTTY,
AGED 51 YEARS
S/O HAMEED RAVUTHAR, KARIKKAKATHIL HOUSE,
VELLARI MURIYIL NILAMEL VILLAGE,
KOLLAM DISTRICT, PIN - 691535
BY ADVS.
SHRI.SREERAJ M.D.
SMT.NEELANJANA NAIR
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
CHADAYAMANGALAM POLICE STATION PIN - 691534
OTHER PRESENT:
PUBLIC PROSECUTOR- SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 8277 of 2025 -:2:-
2025:KER:77613
ORDER
Dated this the 17th day of October, 2025
The petitioner is the fourth accused in Crime No.
401/2007 registered by the Chadayamangalam Police
Station against 14 accused persons for allegedly
committing the offences punishable under Sections 143,
147, 148 and 353 read with Section 149 of the Indian
Penal Code and Section 3(1) of the Prevention of Damage
to Public Property Act, 1984. Now, the case is pending as
C.C. No. 731/2024 on the file of the Judicial First Class
Magistrate Court, Kadakkal, Kollam, ('Trial Court', in
short).
2. The prosecution allegation, in brief, is
that; on 22.11.2007 at around 20:15 hours, the accused 1
to 14, due to common animosity towards CW2, had
caused hurt to CW2 and CWs 1, 6 and 8 (police officers),
who reached the place to rescue CW2. The accused
persons had also vandalised the police jeep and caused a
loss of Rs. 1,875/- to the Government. Thus, the accused
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have committed the above offences.
3. The Investigating Officer has filed Annexure
A-2 final report alleging that the accused have
committed the above offences.
4. The petitioner states that he was unaware of
the trial that took place in the above crime since he was
employed in the State of Karnataka. However, in the
meantime, the case against the accused 1, 3, 5, 8, 9, 10
and 12 was proceeded with, and they were acquitted as
per the judgment of the Trial Court in C.C. No. 778/2008.
Thereafter, the the 13th accused was acquitted as per
the judgment in C.C. No.1746/2015 . Again, by Annexure
A3 judgment, the Trial Court also acquitted the accused
Nos. 2, 4, 6, 7, 11 and 14. In view of specific findings in
Annexure A3 judgment, that the prosecution has
miserably failed to prove beyond reasonable doubt that
the accused persons have committed the above offences,
there is no likelihood of the petitioner being convicted
even if he undergoes the ordeal of trial. The case against
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the petitioner has been split up and numbered as C.C.
No. 731/2024. The case is posted for trial. The
continuation of proceedings would be a sheer waste of
judicial time. Hence, the Crl. M.C. may be allowed.
5. I have heard the learned Counsel for the
petitioner and the learned Public Prosecutor.
6. Crime No. 401/2007 was registered against 14
accused persons for allegedly committing the offences
mentioned above. The police, after investigation, filed
the charge sheet before the Trial Court.
7. It is not in dispute that the petitioner did not
participate in the trial. Although the accused persons
mentioned above, faced the trial in three separate trials,
all of them were acquitted on finding that the
prosecution failed to prove beyond reasonable doubt that
the accused persons have committed the offences.
8. Annexure A3 judgment, passed in favour of the
accused Nos. 2, 4, 6, 7, 11 and 14, substantiates that
there was no material to prove that the accused persons
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had committed the above offences.
9. 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.
10. Having gone through the materials on record,
particularly the findings in Annexure A3 judgment, that
the prosecution has failed to prove beyond reasonable
doubt that the accused persons have committed the
above offences, I am of the definite view that the said
findings are squarely applicable to the petitioner also.
Even if the petitioner withstands the ordeal of trial, it
will not yield a different result than Annexure A3
judgment. Thus, I am convinced and satisfied that the
findings of acquittal in Annexure A3 judgment would
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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 Nagarik
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 A2 final report in Crime
No.401/2007 of the Chadayamangalam Police Station,
and all further proceedings in C.C.No.731/2024 on the
file of the Court of the Judicial First Class Magistrate,
Kadakkal, Kollam, as against the petitioner.
The Crl.M.C is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/ 17.10.2025
2025:KER:77613
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FIR DATED
22/11/2007
Annexure A2 A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO 401/2007 DATED 15/3/2008
Annexure A3 A CERTIFIED COPY OF THE JUDGEMENT IN CC
NO 2649/2015 DATED 5/11/2024 OF JUDICIAL
FIRST-CLASS MAGISTRATE COURT- KADAKKAL
