[Cites 2, Cited by 0]
Kerala High Court
Suneer T vs State Of Kerala on 23 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 146 OF 2026 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
CRL.MC NO. 146 OF 2026
CRIME NO.299/2016 OF AREACODE POLICE STATION, MALAPPURAM
IN CC NO.547 OF 2023 OF CHIEF JUDICIAL MAGISTRATE , MANJERI
PETITIONER/ACCUSED NO.1:
SUNEER T
AGED 37 YEARS
S/O. ALI T, PARAKKAD HOUSE, MUNDAMBRA, UGRAPURAM,
AREEKODE, PERUPARAMBA-UGRAPURAM, MALAPPURAM
DISTRICT., PIN - 673639
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.P.M.MATHEW
SRI.AMARNATH R LAL
SHRI.SANALDEV E.P.
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SMT.SHIFANA M.
SHRI.ABHIJITH P.A.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 STATION HOUSE OFFICER
AREAKKODE POLICE STATION, MALAPPURAM DISTRICT.,
PIN - 673639
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3 SHAMSEER K
AGED 28 YEARS
S/O. MUHAMMED ASHRAF, PARAKKAD HOUSE,
MUNDAMBRA, AREAKKODE, MALAPPURAM DISTRICT.,
PIN - 673639
4 MUHAMMED SWALIH
AGED 29 YEARS
S/O. ABDUL SAMAD, AREEKODE, ERNAD TALUK,
MALAPPURAM DISTRICT., PIN - 673639
BY SRI.M.P.PRASANTH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of January, 2026
The petitioner is 1st accused in Crime No.299/2016,
registered by the Areakkode Police Station, Malappuram,
which was registered against seven accused persons for
allegedly committing the offences punishable under
Sections 143, 147, 148, 341, 323 and 324 read with Section
149 of the Indian Penal Code.
2. The gist of the prosecution case is as follows:
On 20.05.2016, at around 17:00 hours, the accused
persons, in prosecution of their common intention, had
formed themselves into an unlawful assembly with deadly
weapons, and committed rioting by attacking CWs 1 and 2,
and assaulting them with hands and iron pipes and caused
hurt to them. Thus, the accused have committed the above
offences.
3. The petitioner has asserted in the Criminal
Miscellaneous Case that, although he had taken bail at the
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crime stage, he did not receive any summons from the
Court of the Chief Judicial Magistrate, Manjeri ('Trial
Court', in short). Consequently, the case against him was
split up, and the trial as against the other accused persons
proceeded as C.C.No.421/2016. Nonetheless, as the
eyewitnesses had turned hostile to the prosecution and
there was no material to substantiate that the accused 2 to
7 had committed the above offences, by Annexure-4
judgment, the Trial Court acquitted the accused persons.
In view of Annexure-4 judgment, the substratum of the
prosecution case has been lost. Therefore, even if the
petitioner withstands the ordeal of trial, it is not going to
yield a different result than in Annexure-4 judgment.
Therefore, all further proceedings in the above case may be
quashed as against the petitioner.
4. I have heard the learned Counsel for the
petitioner and the learned Public Prosecutor.
5. Crime No.299/2016 was registered by the
Areakkode Police Station against seven accused persons
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for allegedly committing the above offences.
6. Admittedly, the petitioner did not participate
in the trial. The case against the petitioner was split up and
the accused 2 to 7 withstood the trial.
7. By Annexure-4 judgment, the Trial Court, on
finding the eyewitnesses had turned hostile to the
prosecution, and tacitly admitted that the dispute that led
to the registration of the above crime was amicably settled
between the parties, acquitted the accused 2 to 7.
8. 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
reiterated by the Hon'ble Supreme Court and this Court in
a plethora of precedents on the above question of law.
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9. I have carefully analysed the allegations in
Annexure-1 FIR, Annexure-3 Final Report and the findings
in Annexure-4 judgment.
10. A reading of the findings in Annexure-4
judgment substantiates that although PWs 1 and 2 (injured)
were examined, they have testified that they had not seen
the assailants. Likewise, PWs 3 to 6 also turned hostile to
the prosecution.
11. In light of the findings in Annexure-4
judgment, I am satisfied that the substratum of the
prosecution case has been lost. The said findings are
squarely applicable to the petitioner also. Therefore, even if
the petitioner withstands the ordeal of trial, I am certain
that it will not yield a different result than Annexure-4
judgment. Thus, I am convinced that the findings in
Annexure-4 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, I
am inclined to exercise the inherent powers of this Court
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under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
In the afore-said circumstances, the Crl.M.C is
allowed. Annexure-1 First Information Report, Annexure-3
Final Report and all further proceedings in
C.C.No.547/2023 on the file of the Trial Court, as against
the petitioner, are hereby quashed.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 146 OF 2026
PETITIONER ANNEXURES
ANNEXURE-1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.299/2016 OF AREEKODE
POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE-2 CERTIFIED COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO.299/2016 OF AREEKODE
POLICE STATION, MALAPPURAM DISTRICT.
ANNEXURE-3 CERTIFIED COPY OF THE FINAL REPORT IN CC
NO. 421/2016 ON THE FILE OF HONOURABLE
CHIEF JUDICIAL MAGISTRATE COURT, MANJERI IN
CRIME NO. 299/2016 OF AREEKODE POLICE
STATION.
ANNEXURE-4 A TRUE COPY OF THE JUDGMENT DATED
20.06.2017 IN C.C. NO.421/2016 ON THE FILE
OF CHIEF JUDICIAL MAGISTRATE COURT,
MANJERI, MALAPPURAM DISTRICT.
