[Cites 5, Cited by 0]
Kerala High Court
Shanavas vs State Of Kerala on 12 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:12843
CRL.MC NO. 1082 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
CRL.MC NO. 1082 OF 2026
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/3RD ACCUSED IN CC NO.731/2024 & 6TH ACCUSED IN
CRIME NO.401/2007:
SHANAVAS,
AGED 44 YEARS
S/O MUHAMMAD BASHEER, OLD ,CHARUVILA
VEEDU ,VELLOOPPARA MURI ,CHADAYAMANGALAM , KOLLAM
DISTRICT, PIN - 691534
BY ADVS.
SRI.ALEXANDER GEORGE
SMT.ATHIRA RAMESH
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY BY ITS DIRECTOR OF PUBLIC
PROSECUTION HIGH COURT OF KERALA, ERNAKULAM, PIN -
682031
2 THE SUB INSPECTOR OF POLICE,
CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT,
PIN - 691506
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CRL.MC NO. 1082 OF 2026
2
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1082 OF 2026
3
ORDER
Dated this the 12th day of February, 2026
The petitioner is the sixth accused in Crime
No. 401/2007 registered by the Chadayamangalam Police
Station, Kollam, 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
Damages 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.
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CRL.MC NO. 1082 OF 2026
1,875/- to the Government. Thus, the accused have
committed the above offences.
3. The petitioner has stated in the Criminal
Miscellaneous Case that, he was unaware of the
pendency of the crime. Consequently, the case against
him was split up and the Trial Court proceeded with the
trial as against the accused 1,3, 5, 8, 9, 10 and 12. By
the judgment dated 05.11.2012 in C.C.No.778/2008, the
Trial Court on finding that the prosecution had miserably
failed to prove beyond reasonable doubt that the above
accused persons had committed the above offences, had
honourably acquitted the said accused persons.
Subsequently, by Annexure 2 judgment, the Trial Court
acquitted accused 7, 11 and 14 in the crime. In view of
the said judgments, the substratum of the prosecution
case has been lost. Taking note of Annexure 2 judgment,
this Court, by Annexure 3 order, quashed the
proceedings as against the 4th accused also. In light of
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CRL.MC NO. 1082 OF 2026
Annexure 2 judgment and Annexure 3 order, no useful
purpose would be served in proceeding with the trial as
against the petitioner. Therefore, the entire proceedings
as against the petitioner may be quashed.
4. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
5. 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.
6. Undisputedly, the petitioner did not appear at
the trial stage. The case against him was split up and
the trial as against the accused was conducted, as
mentioned above. In Annexure 2 judgment, the Trial
Court found that the prosecution failed to prove that the
accused Nos.7, 11 and 14 had allegedly assembled with
the common purpose to cause hurt to CW2. As the
common purpose was not proved, the offence under
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CRL.MC NO. 1082 OF 2026
Section 147 of the IPC was found to be not attracted.
Likewise, the Trial Court also found that, since no
dangerous weapons were produced at the time of trial,
the offence under Sections 148 and 149 of the IPC were
also not attracted. Accordingly, the Trial Court, by
Annexure 2 judgment, acquitted the above accused
persons in the case. On the basis of the said judgment,
this Court quashed the proceedings as against the 4 th
accused as per Annexure 3 order.
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
repeatedly reiterated by the Hon'ble Supreme Court and
this Court in a catena of precedents.
8. In light of Annexure 2 judgment and Annexure
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CRL.MC NO. 1082 OF 2026
3 order, I am satisfied that the substratum of the
prosecution case has been lost. Even if the petitioner
withstands the ordeal of trial, it will not yield a different
result than Annexure A3 order. Thus, I am of the view
that the findings in Annexure 2 judgment and Annexure 3
order are squarely applicable to the petitioner also.
Thus, I am inclined to exercise the inherent powers of
this Court under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, and quash the entire
proceedings as against the petitioner.
In the aforesaid circumstances, I allow this
Crl.M.C, by quashing Annexure 1 final report 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.
Sd/-
C.S.DIAS, JUDGE
rmm 12/02/2026
2026:KER:12843
CRL.MC NO. 1082 OF 2026
APPENDIX OF CRL.MC NO. 1082 OF 2026
PETITIONER ANNEXURES
Annexure No.1. THE CERTIFIED COPY OF THE FIR AND CHARGE
SHEET IN CRIME NO. 401/2007 OF
CHADAYAMANGALAM POLICE DATED ON
22.11.2007
Annexure No.2. THE CERTIFIED COPY OF THE JUDGMENT PASSED
IN CC NO. 2649/2015 ON 5.11.2024 BY THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT KADAKKAL DATED 5.11.2024
Annexure No.3. THE TRUE COPY OF THE JUDGMENT PASSED IN
CRL.M.C. NO.8277/2025 ON 17.10.2025 BY
THIS HON'BLE COURT
