IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 CRL.MC NO. 5951 OF 2020 CRIME NO.886/2007 OF KOLLAM EAST POLICE STATION, KOLLAM JUDGMENT DATED 25.07.2011 IN SC NO.517 OF 2009 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, KOLLAM CP NO.7 OF 2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONER/ACCUSED 1: SULAIMAN, S/O. MUHAMMED HANEEFA, PALLITHEKKATHIL, CHANDANATHOPE, PUNUKANOOR CHERRY, KOTTAMKARA VILLAGE, KOLLAM - 691501. BY ADV ARUN BABU RESPONDENTS/COMPLAINANT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 2 THE SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM - 691013. SMT SEETHA S, SR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:30370 Crl.M.C No.5951/2020 -2- ORDER The petitioner is the first accused in Crime No.886/2007 of the Kollam East Police Station. The offences alleged against him are under Sections 143, 147, 148, 332 and 308 IPC read with Section 149 IPC. 2. The prosecution case is that on 27.8.2007 at about 5 pm, while PW1 and PW2, the police officers associated with the Kollam East Police Station, were trying to disperse the accused persons who were involved in violence and fighting, the accused physically assaulted the above police officers and deterred them from discharging their official duty. It is alleged that the 1st accused, who is the petitioner herein, grabbed the lathi held by PW2 and mounted assault upon PW2 by hitting upon his head with that lathi. The blows so inflicted by the petitioner are said to have hit on the shoulder of PW2, when he tried to ward off the assault. It is thus alleged that, if the blow inflicted by the petitioner had struck on the head of PW2, it might have resulted in his death. 3. After the completion of investigation, the SI of Police, Kollam East, filed the Final Report against 7 accused. 4. Pursuant to the committal of the case as against the accused Nos.2 to 4, the learned Principal Assistant Sessions Judge, Kollam, 2025:KER:30370 Crl.M.C No.5951/2020 -3- proceeded with the trial in SC No.517/2009. The case against the petitioner herein was not committed, since his presence could not be procured for the committal proceedings before the learned Magistrate, in spite of repeated coercive processes issued by the said court. The learned Principal Assistant Sessions Judge, after the completion of the trial in SC No.517/2009, found the accused Nos.2 to 4 not guilty of the offences charged against them. Accordingly, the above accused were acquitted under Section 235(1)Cr.P.C. 5. In the present petition filed by the petitioner under Section 482 Cr.P.C, it is contended that the proceedings against the petitioner in CP No.7/2008 on the files of the Judicial First Class Magistrate Court-II, Kollam, are liable to be quashed in the light of the acquittal of accused Nos.2 to 4 in SC No.517/2009. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala. 7. On going through the judgment rendered by the Principal Assistant Sessions Judge, Kollam, in SC No.517/2009, I am of the view that there was no occasion for the said court to appreciate the evidence adduced by the prosecution in respect of the specific criminal act attributed to the petitioner herein. It is pertinent to note that this is a case where the allegation against the petitioner is that he dared to grab a lathi wielded by 2025:KER:30370 Crl.M.C No.5951/2020 -4- PW2, a police officer, and to mount physical assault upon the officers of the Law Enforcing Agency. The petitioner/1st accused was apprehended on the spot at the time of incident itself. The evidence adduced in SC No.517/2009 would go to show that, as a result of the incident involved in this case, injuries were sustained by the officials of Kollam East Police Station. It is not possible to conclude on the basis of the judgment rendered by the learned Principal Assistant Sessions Judge in SC No.517/2009 that the entire substratum of the prosecution case is lost. In the above circumstances, the petitioner cannot be heard to say that the case against him has to be terminated in exercise of the inherent powers of this Court under Section 482 Cr.P.C, for the reason that accused Nos.2 to 4 happened to be acquitted by the Trial Court. The petitioner has to necessarily face the trial, and he cannot contend that the proceedings against him are to be quashed. Therefore, the present petition filed by the petitioner is bereft of merit. In the result, the petition is hereby dismissed. Sd/- G.GIRISH JUDGE IAP 2025:KER:30370 Crl.M.C No.5951/2020 -5- APPENDIX OF CRL.MC 5951/2020 PETITIONER’S ANNEXURES: ANNEXURE A1 THE CERTIFIED COPY OF THE CHARGE SHEET DATED 30.12.2007 LAID BY THE 2ND ACCUSED IN CRIME NO.886/2007 OF KOLLAM EAST POLICE STATION. ANNEXURE A2 THE CERTIFIED COPY OF THE JUDGMENT DATED 25.07.2011 IN SC 517/2009 BEFORE THE PRINCIPAL SESSIONS COURT KOLLAM.