[Cites 11, Cited by 0]
Kerala High Court
Vijish vs State Of Kerala on 23 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1317 OF 2026 1
2026:KER:15957
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
CRL.MC NO. 1317 OF 2026
CRIME NO.105/2008 OF PARIPPALLY POLICE STATION, KOLLAM
IN CC NO.291 OF 2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT
- II, PARAVUR
PETITIONER/ACCUSED:
VIJISH
AGED 40 YEARS
PARAMU NIVAS, NEAR KARUNA SCHOOL, PAVUMURAM CHERRI,
PARIPPALLY VILLAGE, KOLLAM., PIN - 691574
BY ADV SRI.M.R.SARIN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
BY SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1317 OF 2026 2
2026:KER:15957
ORDER
Dated this the 23rd day of February, 2026
The petitioner is the original 2nd accused in Crime
No.105/2008 registered by the Parippally Police Station,
Kollam, against three accused persons, alleging the
commission of the offences punishable under Sections 465,
471, 279, 337, 338 read with Section 34 of the Indian Penal
Code and Section 39 read with Section 192 and 146 read
with Section 196 of the Motor Vehicles Act. The
case against the petitioner was split up and the trial as
against the accused 1 and 3 was conducted by the Court of
the Judicial First Class Magistrate, South Paravur ('Trial
Court', in short) as C.C.No.456/2008 and, by Annexure A3
judgment, the said accused persons were acquitted.
Subsequently, the case against the petitioner is re-
numbered as C.C.No.291/2019.
2. The crux of the prosecution case is that;
The 1st accused had purchased a Motorcycle bearing
Registration No.MH 31 AY 6415 from PW5 and altered the
CRL.MC NO. 1317 OF 2026 3
2026:KER:15957
number of the vehicle by placing a forged number plate
which exhibited the number of the vehicle as KL 2M 213.
Subsequently, he sold the vehicle to the 2 nd accused, who
bought it with the knowledge that the registration was
forged. Subsequently, on 09.03.2008 the vehicle got
involved in an accident due to the rash and negligent
driving of the 3rd accused with the 2nd accused as the pillion
rider. Thus, the accused have committed the above
offences.
3. The petitioner has filed the Criminal
Miscellaneous Case on the assertion that, the accused 1
and 3 have already been acquitted by the Trial Court as per
Annexure A3 judgment. Although the petitioner has got
himself enlarged on bail at the crime stage, subsequently,
he did not receive any summons from the Trial Court. By
Annexure A3 judgment, the Trial Court on finding that PW1
had turned hostile to the prosecution, the 3rd accused was
not guilty for the offences under Sections 279, 337 and 338
of the IPC. Likewise, in the cross examination of PW5, it
CRL.MC NO. 1317 OF 2026 4
2026:KER:15957
was found that the registration book of the vehicle and all
the other relevant documents were still in the name of PW5
and that no sale letter or transfer form was produced
before the Regional Transport Authority. Likewise, PW5
admitted that he has not come across any document
connecting the 1st accused with the forgery. Accordingly,
the Trial Court found that there was no evidence to connect
the 1st accused for the alleged acts of forgery and
consequently came into a conclusion that the accused have
not committed the above offences under Sections 465 and
471 of IPC. In light of the above findings in Annexure A3
judgment, the substratum of the prosecution case has been
lost. Therefore, even if the petitioner withstands the trial,
it is not going to lead to a conviction. Hence, 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. The gist of the prosecution case against the
petitioner is that, the 1st accused had changed the number
CRL.MC NO. 1317 OF 2026 5
2026:KER:15957
plate of the vehicle and given the vehicle to the 2 nd accused
(petitioner), who with full knowledge used the vehicle and
while it was in his custody, the vehicle driven by the 3 rd
accused met with an accident with the petitioner on the
pillion.
6. In Annexure A3 judgment, the Trial Court
found that the 3rd accused did not ride the vehicle in a rash
and negligent manner. Likewise, the Trial Court also found
that the 1st accused has not committed the offences under
Section 465 and 471 of IPC. The only allegation against the
petitioner is that he purchased the vehicle from the 1 st
accused with the knowledge that it was having a forged
number plate. In view of the acquittal of the 1 st accused, I
am of the definite view that the offences as against the
petitioner will also not be attracted.
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 substratum of the case is lost by the
acquittal of the co-accused, the inherent power of this
2026:KER:15957
Court can be exercised to quash the proceedings against
the other accused persons. The same view has been
reiterated by the Hon'ble Supreme Court and this Court in
a plethora of precedents on the above question of law.
8. After carefully analysing the allegations in
Annexure A1 First Information Report, Annexure A2 Final
Report, and the findings in Annexure A3 judgment, I am
satisfied and convinced that the substratum of the
prosecution case has been lost. Therefore, even if the
petitioner withstands the ordeal of trial, it is 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. Hence, I am of the view that the findings in
Annexure A3 judgment should enure to the benefit of the
petitioner also. Thus, I am inclined to exercise the inherent
powers of this Court under Section 528 of BNSS and quash
the entire proceedings in respect of the petitioner also.
Accordingly, the Crl.M.C is allowed. Annexure A1
First Information Report, Annexure A2 Final Report and all
CRL.MC NO. 1317 OF 2026 7
2026:KER:15957
further proceedings in C.C.No.291/2019 of the Court of the
Judicial First Class Magistrate, South Paravur, as against
the petitioner, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
CRL.MC NO. 1317 OF 2026 8
2026:KER:15957
APPENDIX OF CRL.MC NO. 1317 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE F.I.R IN CRIME
NO. 105/2008 OF PARIPPALLY POLICE STATION
KOLLAM DISTRICT 09.03.2008
ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT AS CC
456/2008 OF COURT OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, SOUTH PARAVUR, KOLLAM IN
CRIME NO. 105/2008 OF PARIPPALLY POLICE
STATION KOLLAM DISTRICT 20.06.2008
ANNEXURE A3 THE CERTIFIED COPY OF THE JUDGMENT IN CC NO
456/2008 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, SOUTH PARAVUR, KOLLAM DATED
15.11.2019
