2025:KER:23846 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 2198 OF 2025 CRIME NO.441/2012 OF Varandarappally Police Station, Thrissur IN SC NO.737 OF 2023 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA PETITIONER/ACCUSED: JAYAN, AGED 47 YEARS S/O. THANKAPPAN, MUNDAKKAL HOUSE, VELLIKKULANGARA, MATTATHUR, MUKUNDAPURAM TALUK, THRISSUR, PIN - 691585 BY ADV P.K.ANIL RESPONDENTS/COMPLAINANT AND STATE: 1 THE STATION HOUSE OFFICER, VARANTHARAPPILLY POLICE STATION, THRISSUR, PIN - 680303 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23846 Crl.M.C.No.2198 of 2025 2 ORDER Dated this the 20th day of March, 2025 Petitioner is the 6th accused in Crime No.441 of 2012 registered at the Varantharappilly Police Station for the offence punishable under Section 395 of IPC. The crime is registered on the allegation that the accused, 8 in number, waylaid the motor cycle driven by the defacto complainant on 23.05.2012 at about 16:20 hours and after threatening him by brandishing a knife, snatched away his bag containing license and Rs.5 Lakhs. On committal, the case was taken on the files of the Additional Sessions Court, Irinjalakuda as S.C No.712 of 2013. All other accused, except petitioner and the 7th accused who was no more, participated in the trial and were acquitted as per Annexure A2 judgment. By reason of petitioner’s absence, the case against him was split up and 2025:KER:23846 Crl.M.C.No.2198 of 2025 3 re-numbered as S.C No.737 of 2013. This Crl.M.C is filed, seeking to quash the proceedings against the petitioner on the strength of the judgment of acquittal rendered in the case of the co-accused. 2. Learned Counsel for the petitioner submits that in view of the conclusive findings in Annexure A2 order, the substratum of the prosecution case is lost and no purpose will be served by compelling the petitioner to face trial. In support of this argument, reference is made to paragraph 12 of the judgment. 3. I heard the learned Public Prosecutor also. 4. A perusal of Annexure A2 judgment reveals that the most vital piece of evidence was recovery of the bike and the weapons used for committing the crime. The trial court found noted that the weapons were recovered from an open place and CW2, who had 2025:KER:23846 Crl.M.C.No.2198 of 2025 4 identified the weapons, was not examined. The purchase of the vehicle by one of the accused was not proved satisfactorily and the source of money was not properly explained. I am in complete agreement with the findings in Annexure A2 and am convinced that no purpose will be served by continuing the prosecution against the petitioner. For the aforementioned reasons, the Crl.M.C is allowed. Annexure A1 FIR and all further proceedings in Crime No.441 of 2012 registered at the Varantharappilly Police Station and pending as S.C No.737 of 2013 on the files Additional Sessions Court, Irinjalakuda, is quashed. Sd/- V.G.ARUN JUDGE SSK/20/03 2025:KER:23846 Crl.M.C.No.2198 of 2025 5 APPENDIX OF CRL.MC 2198/2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 1.6.2012 Annexure A2 CERTIFIED COPY OF THE JUDGMENT IN SC 712/2013 ON THE FILE OF THE SESSIONS JUDGE, IRINJALAKKUDA DATED 31.3.2017 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE