Kerala High Court
Valsan @Valsalan vs State Of Kerala on 23 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 8814 OF 2025 1 2025:KER:78981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
CRL.MC NO. 8814 OF 2025
CRIME NO.533/2007 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1310 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR
PETITIONER/ACCUSED:
VALSAN @VALSALAN
AGED 55 YEARS
S/O GOVINDAN, PARADI HOUSE,KARIKKODY ,DESOM,KARAMUKKU
VILLAGE,THRISSUR DISTRICT, PIN - 680510
BY ADV SMT.SAVITHA GANAPATHIYATAN
RESPONDENT/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SATHYAN
AGED 56 YEARS
S/O GANGADHARAN, PAREKATIL VEEDU, KURUMPILAVU VILLAGE,
CHIRACKALKODU ROAD DESOM, THRISSUR DISTRICT, PIN -
680654
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8814 OF 2025 2 2025:KER:78981
C.S.DIAS,J
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CRL.MC No.8814 OF 2025
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Dated this the 23rd day of October, 2025
ORDER
The petitioner is the 4th accused in Crime No.
533/2007, registered by the Anthikad Police Station, Thrissur,
as against the accused person for allegedly committing the
offences punishable under Sections 143, 147, 148, 341, 323,
324, 506(ii) and 294(b) r/w Section 149 of the Indian Penal
Code.
2. The crux of the prosecution case is that, on 25.11.2004
at around 8.00 hours, the accused persons, in prosecution of
their common intention, had formed an unlawful assembly
near the house of the 1st accused, where the wife of the PW2
had committed suicide and all the accused persons 1 to 10
attacked PW1 to 4 and committed the above offences.
3. The police after investigation had filed Annexure A2
charge sheet. However, the petitioner did not participate in
CRL.MC NO. 8814 OF 2025 3 2025:KER:78981
the trial. The case against the petitioner was split up and the
case against accused 1 to 3, 5, 6, 8 and 9 was numbered as
C.C.No.60/2008. After the trial, by Annexure A5 judgment, the
Trial Court acquitted the above accused persons as
prosecution had failed to prove beyond reasonable doubt that
the said accused persons had committed the above offences.
Subsequently, the case against accused 7 and 10 was
renumbered as C.C.No.1772/2010, and by Annexure A6
judgment, the Trial Court acquitted the said accused also on
the same ground. Now the case against the petitioner has
been renumbered as C.C.No.1310/2019. In view of the findings
in Annexure A5 and A6 judgments, that the prosecution has
failed to prove beyond reasonable doubt that the accused
persons have committed the above offences, the said judgment
enures to the benefit of the petitioner also. Therefore,
Annexure A2 final report and all further proceedings in
C.C.No.1310/2019 may be quashed.
4. I have heard the learned Counsel appearing for the
petitioner and the learned Public Prosecutor.
CRL.MC NO. 8814 OF 2025 4 2025:KER:78981
5. Crime No.533/2007 was registered against 10 accused
persons for allegedly committing the above offences. It is not
in dispute that the petitioner did not participate in the trial.
However, the case against the accused 1 to 3, 5, 6, 8 and 9,
and that of 7 and 10 ended in acquitted as per Annexures
A5 and A6 judgments on a specific finding that the prosecution
has miserably failed to prove beyond reasonable doubt that
the said accused persons have committed the above offences.
6. 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.
7. On an anxious consideration of the facts and the
materials on record, particularly the findings in Annexures A5
and A6 judgments, wherein it is specifically found that there is
no material to substantiate the culpability of the accused, I
CRL.MC NO. 8814 OF 2025 5 2025:KER:78981
am of the definite view that the findings in the said judgments
are squarely applicable to the facts and circumstances of the
case. Even if the petitioner withstands the ordeal of trial, it
will not yield a different result than Annexures A5 and A6
judgments. Thus, I am convinced and satisfied that the
findings of acquittal in the above said judgments in favour of
the above accused persons, enures 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 aforesaid circumstances, I allow this Crl.M.C, by
quashing Annexure A1 FIR and Annexure A2 charge sheet and
all further proceedings in C.C. No.1310/2019 on the files of
the Court of the Judicial First Class Magistrate -II, Thrissur, as
against the petitioner.
Sd/-
C.S.DIAS, JUDGE
SCB.23.10.25.
CRL.MC NO. 8814 OF 2025 6 2025:KER:78981
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE F.I.R. NO. 533 OF
2007 DATED 28.11.2007
Annexure A2 A CERTIFIED COPY OF THE CHARGE SHEET NO. 408
OF 2007 DATED18.12.2007
Annexure A3 A CERTIFIED COPY OF THE WITNESS MEMORANDUM IN
CRIME 533 OF 2007 DATED 18.12.2007
Annexure A4 THE STATEMENT OF THE WITNESSES RECORDED BY
THE POLICE
Annexure A5 THE CERTIFIED COPY OF THE JUDGMENT OF THE
HON'BLE JFCM COURT- II THRISSUR DATED 18TH
JUNE 2010 IN C.C. NO.60 OF 2008
Annexure A6 THE CERTIFIED COPY OF THE SAID JUDGMENT OF
THE HON'BLE JFCM COURT-II THRISSUR DATED 29TH
JULY 2011 IN C.C.NO. 1772 OF 2010 ALONG WITH
TYPED COPY
