[Cites 3, Cited by 0]
Kerala High Court
Mukesh vs State Of Kerala on 7 April, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1866 OF 2026 1 2026:KER:30903
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
CRL.MC NO. 1866 OF 2026
CRIME NO.634/2013 OF Balaramapuram Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1786 OF 2025 OF
ASSISTANT SESSIONS COURT/IST ADDITIONAL SUB COURT,
NEYYATTINKARA
PETITIONER/ACCUSED NO. 27 :
MUKESH,
AGED 34 YEARS
S/O MANIKANTAN,BHARANIYATHU MELE PUTHUVAL PUTHEN
VEEDU,PUNNAKADU, THIRUVANANTHAPURAM, PIN - 695126
BY ADVS.
SRI.M.R.SASITH
SMT.R.K.CHIRUTHA
SMT.ANJANA SURESH.E
SMT.REETHU JACOB
SMT.HASNA JABIL
SMT.ANJITHA S.
SMT.PRAGATHY PREM NAIR
SMT.MEERA NAIR.I.P
SMT.ANN GINI ROY
RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
1 STATE OF KERALA,
REPRESENTED BY REPRESENTED THROUGH THE PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN -
682031
CRL.MC NO. 1866 OF 2026 2 2026:KER:30903
2 SUB INSPECTOR OF POLICE,
BALARAMAPURAM POLICE STATION,THIRUVANANTHAPURAM, PIN
- 695501
3 SATHI,
S/O SELVESTER, KONATTUVILA PUTHUVAL
PUTHENVEEDU,THALAYAL, ATHIYANOOR
VILLAGE,THIRUVANANTHAPURAM, KERALA, PIN - 695123
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1866 OF 2026 3 2026:KER:30903
C.S.DIAS, J.
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CRL.MC NO. 1866 OF 2026
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Dated this the 7th day of April, 2026
ORDER
The petitioner is the original accused No.27 in
Crime No.634/2013 registered by the Balaramapuram
Police Station, Thiruvananthapuram, alleging the
commission of the offences punishable under Sections
143, 147, 148, 324, 353, 506(ii) and 307 read with
Section 149 of the Indian Penal Code, 1860 and Section
27 of the Arms Act, 1959. The case against the
petitioner was split up and the Assistant Sessions
Court, Neyyattinkara, ('Trial Court', in short) had
proceeded with the trial as against the accused 1 to 5,
7, 10 to 14, 16, 17, 19, 21, 22, 25, 26 and 28. By
Annexure A3 judgment, the Trial Court acquitted the
said accused persons. Subsequently, the petitioner got
himself enlarged on bail and the case stands posted to
CRL.MC NO. 1866 OF 2026 4 2026:KER:30903
11.08.2026 before the Trial Court.
3. The petitioner has stated in the criminal
miscellaneous case that, in view of Annexure A3
judgment, the substratum of the prosecution case has
been lost. Therefore, even if the petitioner withstands
the ordeal of trial its not going to lead to a conviction.
Moreover, by Annexure A4 order, this Court has
quashed the proceedings as against the accused Nos. 9
and 24 in view of Annexure A3 judgment. Hence, the
petitioner is also entitled to the benefit of a similar
order.
4. The crux of the prosecution case is that, on
03.07.2013, the accused persons, in prosecution of
their common intention, had formed an unlawful
assembly and as per the instructions of the 1st accused,
they attacked CW1 with deadly weapons and caused
hurt to him. Thus, the accused have committed the
above offences.
CRL.MC NO. 1866 OF 2026 5 2026:KER:30903
5. I have heard the learned counsel for the
petitioners and the learned Public Prosecutor.
6. Admittedly, the case against the petitioner was
split up and the Trial Court proceeded with the trial as
against the accused Nos. 1 to 5, 7, 10 to 14, 16, 17, 19,
21, 22, 25, 26 and 28. By Annexure A3 judgment the
Trial Court had acquitted the above accused persons
since the prosecution has failed to prove beyond
reasonable doubt that the accused persons have
committed the above offences. Subsequently, by
Annexure A4 order, this Court quashed the proceedings
against accused Nos. 9 and 24, in view of the findings
in Annexure A3 judgment.
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
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
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repeatedly reiterated by the Hon'ble Supreme Court and
this Court in a catena of precedents.
8. I have carefully gone through the allegations in
Annexure A1 FIR, Annexure A2 final report and the findings
in Annexure A3 judgment.
9. In Annexure A3 judgment, the Trial Court, after
analysing the oral testimonies of the witnesses and the
materials on record, concluded that the witnesses had not
identified the accused persons. Moreover, there was no
material to substantiate the culpability of the accused
persons in the crime. Accordingly, the Trial Court held that
the prosecution had failed to prove beyond reasonable
doubt that the accused persons had committed the above
offences.
10. In light of the findings in Annexure A3 judgment, I
am satisfied that the substratum of the prosecution case
has been lost. Therefore, even if the petitioner withstands
the ordeal of trial, its not going to lead to a conviction. It
would be a sheer waste of judicial time to conduct the trial
all over again against the petitioner. Thus, I am satisfied
CRL.MC NO. 1866 OF 2026 7 2026:KER:30903
that this is a fit case to exercise of the inherent powers of
this Court under Section 528 of the Bharatiya Nagrik
Suraksha Sanhita, 2023.
In the aforesaid circumstances, I allow the Crl.M.C., by
quashing Annexure A1 FIR, Annexure A2 final report and
all further proceedings as against the petitioner in the
renumbered case (earlier number S.C.No.658/2017).
Sd/-
C.S.DIAS,JUDGE
SCB/07.04.26.
CRL.MC NO. 1866 OF 2026 8 2026:KER:30903
APPENDIX OF CRL.MC NO. 1866 OF 2026
PETITIONER ANNEXURES
Annexure-A1 THE TRUE COPY OF THE FIR IN CRIME NO
634/2013 DATED 04-07-2013 OF BALARAMAPURAM
POLICE STATION.
Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO 634/2013 OF BALARAMAPURAM POLICE
STATION DATED 04-07-2015.
Annexure-A3 A TRUE COPY OF THE JUDGEMENT DATED 10-04-
2025 IN SC NO 658/2017 OF THE ASSISTANT
SESSIONS COURT, NEYYATINKARA IN CRIME NO
634/2013 OF THE BALARAMAPURAM POLICE
STATION.
Annexure-A4 TRUE COPY OF JUDGEMENT IN CRL . MC NO
8849/2025 DATED 27/10/2025 BY HON'BLE HIGH
COURT OF KERALA.
