2025:KER:25601 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 1123 OF 2025 CRIME NO.50/2014 OF PAVARATTY POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT IN CC NO.417 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHAVAKKAD PETITIONER/2ND ACCUSED: KOCHUNNI @ PRAJEESH AGED 50 YEARS, S/O PRABHAKARAN, NALUPURAKKAL HOUSE, ANNAKKARA DESOM, MULLASSERY VILLAGE, CHAVAKKAD TALUK. THRISSUR, PIN - 680509 BY ADV PREMCHAND M. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1123 OF 2025 2 2025:KER:25601 O R D E R Dated this the 25th day of March, 2025 Petitioner is the 2nd accused in Crime No.50 of 2014 registered at the Pavaratty Police Station for offences under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code. The crime was registered on the allegation that, at 10:30 pm on 13.01.2014, the accused formed themselves into an unlawful assembly and in furtherance of their common object, voluntarily caused hurt to the de facto complainant as well as CWs 2 and 3. 2. On submission of final report, the case was numbered as C.C No.461 of 2014 on the files of the Judicial First Class Magistrate Court, Chavakkad. During trial of the case and at the stage of Section 313 examination, petitioner left the state CRL.MC NO. 1123 OF 2025 3 2025:KER:25601 for taking up employment elsewhere. The accused who faced trial were acquitted by the court as per Annexure 1 judgment and the case against the petitioner was split up and re-numbered as C.C No.417 of 2021. The petitioner is seeking to get the proceedings against him quashed on the strength of the judgment of acquittal rendered in the case of his co-accused. 3. Learned Counsel for the petitioner contends that the trial court had found the oral evidence tendered by PWs 1 to 3 with respect to the incident to be mutually contradictory. The court therefore held that in view of the inconsistent versions, no credibility could be attached to their evidence. After analyzing the entire evidence, the trial court came to the conclusion that the prosecution had failed to prove its case. Learned Counsel contended that, by reason of the findings in CRL.MC NO. 1123 OF 2025 4 2025:KER:25601 Annexure 1 judgment, the substratum of the prosecution case is lost and no purpose will be served by compelling the petitioner to face trial. 4. I heard the learned Public Prosecutor also. 5. As contended by the Counsel for the petitioner, the trial court, after analyzing the evidence, came to the conclusion that it is not credit worthy in view of the mutually contradictory versions of PW’s 1 to 3 regarding the incident. The specific instances of contradiction is clearly narrated in the judgment. In view of the conclusive findings in Annexure 1 judgment with which I am in agreement, continuance of the proceedings against the petitioner will only result in wastage of valuable judicial time. In the result, the Criminal Miscellaneous Case is allowed. All further proceedings in Crime No.50 of 2014 of the Pavaratty Police Station and C.C No.417 CRL.MC NO. 1123 OF 2025 5 2025:KER:25601 of 2021 on the files of the Judicial First Class Magistrate Court, Chavakkad, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 1123 OF 2025 6 2025:KER:25601 APPENDIX OF CRL.MC 1123/2025 PETITIONER ANNEXURES ANNEXURE 1 THE TRUE COPY OF THE JUDGMENT IN C.C. NO.461/2014 DATED 15/02/2021 ANNEXURE 2 CERTIFIED COPY OF THE PROCEEDINGS IN C.C. NO.417/2021