2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.REV.PET NO. 418 OF 2013 AGAINST THE JUDGMENT DATED 23.01.2013 IN Crl.A NO.204 OF 2007 OF ADDITIONAL SESSIONS COURT, THRISSUR IN CC NO.178 OF 2002 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, THRISSUR REVISION PETITIONER/APPELLANT/1ST ACCUSED: S. NAJEEB KHAN S/O. SHAHUL HAMEED, T.C.1/1496, KOLLANVILAKAM PAZHAYA ROAD, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.B.MOHANLAL SRI.M.BOSE RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: 1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE VIYYUR POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. *ADDL. R2 THE REGIONAL MANAGER THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD., PALAKKAD - 678 014 *ADDL. R3 THE MANAGING DIRECTOR THE KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI - 682 020 2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -2- (ADDL. R2 & R3 ARE IMPLEADED AS PER ORDER DATED 12.07.2019 IN CRL.M.A.2/19 IN CRL.R.P. 418/13 BY ADV SMT.MOLLY JACOB,SC,SUPPLYCO SRI SANGEETHARAJ NR, PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH Crl.Rev.Pet.2065/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.REV.PET NO. 2065 OF 2010 AGAINST THE JUDGMENT DATED 13.04.2010 IN Crl.A NO.237 OF 2007 OF ADDITIONAL DISTRICT & SESSIONS COURT FAST TRACK COURT NO.I, THRISSUR IN CC NO.178 OF 2002 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, THRISSUR REVISION PETITIONER/APPELLANT/ ACCUSED: V.K.SANKARAN KUTTY S/O KRISHNAN NAIR, VILAKATHRA HOUSE, POTTORE DESOM, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV SRI.A.C.DEVY RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SMT.SEETHA S, SR.PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26.03.2025, ALONG WITH CRL.REV.PET.418/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -4- G. GIRISH, J. ------------------------------------- Crl.Rev.Pet.Nos.418 of 2013 & 2065 of 2010 ---------------------------------------------- Dated this the 26th day of March, 2025 ORDER The petitioners are accused Nos.1 and 2 in C.C.No.178 of 2002 on the files of the Judicial First Class Magistrate Court - I, Thrissur. The charge against them was that they committed the offence under Section 409 read with Section 34 IPC in connection with the shortage in the stock of a Maveli Store at the place called Kolazhy, where they had been working. They were convicted and sentenced by the learned Magistrate with Simple Imprisonment for six months, and a fine of Rs.5,000/- each. The appeal preferred by the petitioners before the Additional Sessions Court, Thrissur, as Crl.A.No.204 of 2007 and Crl.A.No.237 of 2007, were dismissed by the Appellate Court. These revision petitions are preferred against the aforesaid judgments rendered by the Additional Sessions Court, Thrissur, in Crl.A.No.204 of 2007 and Crl.A.No.237 of 2007. 2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -5- 2. Heard the learned counsel for the petitioners, the learned Public Prosecutor representing the 1st respondent and the learned Standing Counsel for the Kerala State Civil Supplies Corporation Limited, representing additional respondents 2 and 3. 3. The learned counsel for the petitioners, by referring to Annexures - A1 to A3 circulars of the Kerala State Civil Supplies Corporation Limited, argued that the question of initiating criminal prosecution against the employees for a shortage in stock commodities would arise only in such cases, where there is intentional shortage, and that in all other cases, the policy adopted by the Civil Supplies Corporation is to avoid criminal prosecution. It is thus argued that there is nothing on record to show that the shortage of stock involved in this case was an intentional shortage, and hence, the prosecution against the petitioners is totally unfounded. The learned counsel further referred to Annexure - A4 order of the Regional Manager of Supplyco, as per which, it was decided to regularize the suspension period of the petitioner in Crl.Rev.Pet. No.418 of 2013 as eligible leave and to wind up the disciplinary 2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -6- proceedings against him by accepting the amount due to the Civil Supplies Corporation in connection with the shortage of stock which resulted in the registration of this crime. It is further submitted that the petitioner in Crl.Rev.Pet.No.418 of 2013 had remitted the entire outstanding amount of Rs.11,400/- as revealed by Annexure - A5 receipt of the Kerala State Civil Supplies Corporation Limited, and thereafter, he had retired from the services without any liability. 4. It appears from Annexure - A4 order of the Kerala State Civil Supplies Corporation Limited that the said corporation had condoned the alleged violation which resulted in the registration of this crime by accepting the entire outstanding amount due, from the petitioner in Crl.Rev.Pet.No.418 of 2013. The procedure adopted by the Civil Supplies Corporation regularising the suspension period of the petitioner in Crl.Rev.Pet.No.418 of 2013, and winding up the disciplinary proceedings against him can only show that the alleged violations have been compounded by the Kerala State Civil Supplies Corporation, which is said to have sustained loss due to the aforesaid act of the petitioners. In the above circumstances, there is no purpose 2025:KER:25756 Crl.Rev.Pet.Nos.418/2013 & 2065/2010 -7- to be fulfilled by enforcing the sentence awarded by the courts below upon the petitioners. Therefore, I am of the view that the orders of conviction and sentence of the petitioners by the Trial Court as well as the Appellate Court, are liable to be set aside. In the result, both these petitions stand allowed. The judgments rendered by the Additional Sessions Court, Thrissur, on 23.01.2013 in Crl.A.No.204 of 2007, and on 13.04.2010 in Crl.A.No.237 of 2007, are hereby set aside. The petitioners / accused Nos.1 and 2 are acquitted of the offence under Section 409 read with Section 34 IPC, charged against them in C.C.No.178 of 2002 of the Judicial First Class Magistrate Court - I, Thrissur. Their bail bonds stand cancelled and they are set at liberty. Sd/- G. GIRISH JUDGE ded