[Cites 2, Cited by 0]
Kerala High Court
Subash vs State Of Kerala on 12 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
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CRL.MC NO. 11433 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
CRL.MC NO. 11433 OF 2025
CRIME NO.483/2008 OF Kasaba Police Station, Palakkad,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.820 OF 2020
OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY , PALAKKAD
PETITIONER/2ND ACCUSED:
SUBASH
AGED 50 YEARS
PALAVILA VEEDU, EZHUKONE P.O. KOLLAM, PIN - 691505
BY ADVS.
SHRI.T.K.SANDEEP
SMT.RESHMA VISWANATHAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SR PP SMT SEETHA S
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CRL.MC NO. 11433 OF 2025
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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3
ORDER
Dated this the 12th day of January, 2026
The petitioner is the accused in S.C No.820/2020
on the file of the Court of the Additional Sessions Judge-
IV, Palakkad (Trial Court), which has originated from
Crime No.483/2008 registered by the Kasaba Police
Station, Palakkad, alleging the commission of the
offences punishable under Section 55(a) of the Kerala
Abkari Act and Section 279 of the Indian Penal Code.
2. The gravamen of the prosecution case is that,
on 28.09.2008 , at about 7.15 hours, the 1st accused was
driving a car bearing registration No. KL-02-AB-9887
along with the 2nd accused through the Coimbatore-
Palakkad National Highway with 14 plastic cans filled
with spirit, which was being transported from Tamil
Nadu to Kerala. When the car reached Kootupatha BPL
junction, it met with an accident with a car bearing
registration No. KL-50-5995 driven by CW2 and caused
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CRL.MC NO. 11433 OF 2025
damages to the vehicle. The spirt was transported in
the car in connivance with the third accused. Thus, the
accused have committed the above offences.
3. The petitioner states that he did not receive
any summons from the Trial Court. The petitioner was
employed abroad. Consequently, the Investigating
Officer filed an absconding charge sheet as against the
petitioner and the trial proceeded against the first
accused. By Annexure 3 judgment, the Trial Court
acquitted the first accused. In view of Annexure 3
judgment, the substratum of the prosecution case has
been lost. The petitioner is at par with the first accused.
In view of the specific findings in Annexure 3 judgment,
no useful purpose would be served in proceeding with
the trial as against the petitioner. Therefore, Annexure 3
judgment may enure to the benefit of the petitioner also.
Even if the petitioner withstand the ordeal of trial, it
would not yield a different result. Hence, the Crl .M.C.
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4. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
5. Crime No. 483/2008 was registered by the
Kasaba Police Station alleging that the petitioner along
with the accused 1 and 3 had committed the offences
under Section 55(a) of the Kerala Abkari Act and Section
279 of the IPC.
6. Indisputably, the petitioner did not participate
in the trial. I have carefully gone through the findings in
Annexure 3 judgment. In Annexure 3 judgment, the
Trial Court found that the sterling witnesses, namely,
PWs1 and 2 had failed to identify the accused persons
who travelled in the car at the relevant point of time.
Accordingly, it was found that there are no incriminating
circumstances to connect the accused persons to the
crime. Moreover, it was also found that the material
objects involved in the case were not produced. The Trial
Court rejected the explanation offered by PW12 that he
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CRL.MC NO. 11433 OF 2025
has submitted a report to the Assistant Excise
Commissioner. But, no such report was produced. In
view of the failure on the part of the prosecution to prove
the involvement of the accused in the crime, the Trial
Court has passed Annexure 3 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
repeatedly reiterated by the Hon'ble Supreme Court and
this Court in a catena of precedents.
8. After bestowing my anxious consideration to
the facts, the rival submissions across the Bar, and
materials placed on record, particularly Annexure 3
judgment passed by the Trial Court in favour of the 1 st
accused, I am satisfied that the substratum of the
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CRL.MC NO. 11433 OF 2025
prosecution case has been lost. Thus, I am convinced
and satisfied that the findings in Annexure 3 judgment
should enure to the benefit of the petitioner also. It
would be a sheer waste of judicial time to conduct the
trial all over again for the petitioner. Thus, by exercising
the inherent powers of this Court under Section 528 of
the Bharathiya Nagarik Suraksha Sanhita, 2023, I am
inclined to allow the Crl.M.C.
In the aforesaid circumstances, I allow the
Crl.M.C, by quashing Annexure 1 FIR, Annexure 2 final
report and all further proceedings in S.C. No.820/2020
of the Trial Court as against the petitioner.
SD/-
C.S.DIAS, JUDGE
rmm 12/1/2026
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CRL.MC NO. 11433 OF 2025
APPENDIX OF CRL.MC NO. 11433 OF 2025
PETITIONER ANNEXURES
Annexure-1 CERTIFIED COPY OF THE F.I.R. DATED
04.10.2008 IN CRIME NO.483/2008
REGISTERED BY KASABA POLICE STATION,
PALAKKAD
Annexure-2 CERTIFIED COPY OF THE FINAL REPORT DATED
20.11.2010 IN CRIME NO.483/2008 OF KASABA
POLICE STATION, PALAKKAD DISTRICT
Annexure-3 CERTIFIED COPY OF THE JUDGMENT DATED
28.01.2017 IN S.C 512/2012 BEFORE THE
ADDL SESSIONS JUDGE-IV PALAKKAD
