CRL.MC NO. 2050 OF 2021 1 2025:KER:18543 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946 CRL.MC NO. 2050 OF 2021 CRIME NO.312/2005 OF Sooranadu Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.413 OF 2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA PETITIONER/ 9TH ACCUSED : RAHUL SIDHARTH, AGED 31 YEARS S/O. SIDHARTHAN, SIDHARTH BHAVANAM, EDAKKAD MURI, PORUVAZHY VILLAGE, KUNNATHOOR TALUK, KOLLAM 690 520. BY ADVS. SADCHITH.P.KURUP C.P.ANIL RAJ RESPONDENT/STATE: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 THE STATION HOUSE OFFICER, SOORANAD POLICE STATION, KOLLAM 690 520. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2050 OF 2021 2 2025:KER:18543 ORDER The petitioner is the 9th accused in Crime No.312/2005 of the Sooranadu Police Station, registered for offences punishable under Sections 409 and 420 r/w Section 34 of the IPC, now pending as CC No.413/2020 on the files of the Judicial First Class Magistrate Court-Temporary, Sasthamcotta. The crime is registered on the allegation that, while the 1st accused was working as counter executive in the Ambalathumbhagam Service Co-operative Bank, the other accused pledged duplicate gold in the bank and wrongfully obtained an amount of Rs.4,64,291.50/-. 2. On filing of final report, the case was taken on the files of the Judicial First Class Magistrate Court, Sasthamcotta as CC No.219/2006. All other accused, except the petitioner, participated in the trial and were acquitted as per Annexure A9 judgment. The petitioner having failed to appear in court, the case against him was split up and refiled as C.C.No.205/2018. Later the case was renumbered as C.C.No.413/2020. 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. The learned counsel for the petitioner submitted that by reason of the findings in Annexure A9 judgment, the CRL.MC NO. 2050 OF 2021 3 2025:KER:18543 substratum of the prosecution case is lost. Therefore, continuation of the proceedings against the petitioner will be a futile exercise. In support of the argument, reference is made to Paragraph 10 of Annexure A9 judgment. 4. I heard the learned Public Prosecutor also. 5. A perusal of Annexure A9 judgment shows that, in order to prove the common intention among the accused to cheat the service co-operative bank by pledging spurious gold ornaments, prosecution examined the appraiser of the bank as PW7. The deposition of PW7 is that he had not appraised the gold when it was presented at the bank and inspected it only at the Police Station. PW7 also deposed that he is unable to identify the gold due to lapse of time. Therefore, the court below rightly held that there is no evidence to connect the accused with the crime. 6. Being so, no purpose is going to be served by continuing the proceedings against the petitioner, except wastage of valuable judicial time. 7. In the result, this Criminal Miscellaneous Case is allowed. Annexure A2 final report in Crime No.312/2005 of Sooranadu Police Station, Kollam District and all further proceedings in C.C No.413/2020 of the Judicial Magistrate of First CRL.MC NO. 2050 OF 2021 4 2025:KER:18543 Class-Temporary, Sasthamcotta as against the petitioner is quashed. sd/ V.G.ARUN JUDGE jm/ CRL.MC NO. 2050 OF 2021 5 2025:KER:18543 APPENDIX OF CRL.MC 2050/2021 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FIR DATED 30.11.2005 IN CRIME NO. 312/2005 OF SOORANAD POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT DATED 1.12.2005 IN CRIME NO. 312/2005. ANNEXURE A3 COPY OF DEPOSITION DATED 5.5.2011 GIVEN BY PW1 IN CC NO. 219/2006. ANNEXURE A4 COPY OF DEPOSITION DATED 26.12.2013 GIVEN BY PW3 IN CC NO. 219/2006. ANNEXURE A5 COPY OF DEPOSITION DATED 26.12.2013 GIVEN BY PW4 IN CC NO. 219/2006. ANNEXURE A6 COPY OF DEPOSITION DATED 22.1.2014 GIVEN BY PW5 IN CC NO. 219/2006. ANNEXURE A7 COPY OF DEPOSITION DATED 4.4.2014 GIVEN BY PW6 IN CC NO. 219/2006. ANNEXURE A8 COPY OF DEPOSITION DATED 12.2.2015 GIVEN BY PW7 IN CC NO. 219/2006. ANNEXURE A9 COPY OF JUDGMENT DATED 26.4.2018 PASSED IN CC NO. 219/2006. ANNEXURE A10 COPY OF PROCEEDINGS IN CC NO. 413/2020 OBTAINED FROM E-COURT SERVICES.