2025:KER:25205 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CRL.MC NO. 2433 OF 2025 CRIME NO.81/2007 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM CC NO.1351 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, NEDUMANGAD PETITIONERS/ACCUSED 9 & 18: 1 SUBIN AGED 42 YEARS S/O. SREEDHARAN NAIR, SURYABHAVAN, PONNAMCHUNDU, KOTTAKKAKAM MURI, THIRUVANANTHAPURAM, PIN - 695563 2 VIJESH AGED 39 YEARS S/O. VIJAYAN, ROADRIKATHU VEEDU, PONNAMCHUNDU, KOTTAKKAKAM MURI, THIRUVANANTHAPURAM, PIN - 695563 BY ADVS. MITHUN PAVANAN MERIN THOMAS RESPONDENTS/ COMPLAINANT (STATE)/DEFACTO COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 B. ANILKUMAR SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, THIRUVANANTHAPURAM, PIN - 695551 BY ADV. M.C.ASHI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25205 Crl.M.C No.2433 of 2025 : 2 : V.G.ARUN, J. =========================== Crl.M.C No.2433 of 2025 ============================ Dated this the 24th day of March, 2025 ORDER Petitioners are accused Nos.9 and 18 in Crime No.81 of 2007 registered at the Vithura Police Station, Thiruvananthapuram for the offences punishable under Sections 143, 147, 149 and 353 of IPC. 2. The crime was registered on the allegation that while the Sub Inspector of Police, Palode along with the policemen from Vithura police station was in the process of arresting accused Nos.1 and 2 in relation to another crime, by about 11:30 a.m. on 21.03.2007, the accused together formed into an unlawful assembly, resisted the arrest and deterred the policemen from discharging their official duties. 3. On submission of final report, the case was taken on the files of the Judicial First Class Magistrate-II, Nedumangad as CC No.626 of 2007. Except accused Nos. 9, 12 and 18 , all others faced trial in that case and were acquitted as per Annexure A2 judgment. The petitioners and accused No.12 being absent, the case against them was split up and re-filed as CC No.1351 of 2019. The petitioners are seeking to get the proceedings against them quashed 2025:KER:25205 Crl.M.C No.2433 of 2025 : 3 : on the strength of the judgment of acquittal rendered in the case of their co-accused. 4. The learned counsel for the petitioners submits that, by reason of the findings in Annexure A2 judgment, the substratum of the prosecution case is lost and no purpose will be served by compelling the petitioners to face trial. Support for this argument is sought to be drawn from the findings in paragraphs 9 to 11 of Annexure A2 judgment. 5. I heard the learned Public Prosecutor also. 6. A perusal of Annexure A2 judgment shows that, after careful scrutiny of the prosecution evidence, trial court found the prosecution to have failed in proving that the accused had used criminal force or had assaulted the police personnel. The trial court also held that in the absence of criminal force, if the discharge of public duty is obstructed, the provision applicable is Section 186 of IPC, for the taking of cognizance of which, there must be a complaint, as stipulated in Section 195(1)(a)(i) of Cr.PC. 7. I am in complete agreement with the above findings of the trial court. In the absence of evidence regarding use of criminal force by the members of the unlawful assembly, they could have been charged with only Section 186 of IPC and in such event, 2025:KER:25205 Crl.M.C No.2433 of 2025 : 4 : cognizance could have been taken, only if a complaint is filed by the public servant concerned. Being so, no purpose will be served by compelling the petitioners to face trial. In the result, the Criminal Miscellaneous Case is allowed. All further proceedings in C.C.No.1351/2019 on the files of the Judicial First Class Magistrate Court-II, Nedumangad in Crime No.81 of 2007 of the Vithura Police Station, Thiruvananthapuram, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE nk 2025:KER:25205 Crl.M.C No.2433 of 2025 : 5 : APPENDIX OF CRL.MC 2433/2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.81 OF 2007 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM RURAL Annexure A2 CERTIFIED COPY OF THE ORDER OF ACQUITTAL IN CC NO. 626 OF 2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, NEDUMANGAD DATED 21/11/2019