Sasikumar v. Sub Inspector of Police, Town East Police Station, Thrissur and State of Kerala

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941** ## **Crl.MC.No.6511 OF 2019(D)** **AGAINST THE ORDER/JUDGMENT IN CC 3/2015 OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT (SPECIAL COURT FOR** ## **PETITIONER/S:** **SASIKUMAR, AGED 53 YEARS S/O. VASU, KONIPARAMBIL HOUSE, PERINGANDOOR, THRISSUR - 680 581** **BY ADVS. SRI.K.M.SATHYANATHA MENON SRI.ARUN AJAY SHANKAR SRI.JIKKU SEBAN GEORGE** ## **RESPONDENT/S:** **1 THE SUB INSPECTOR OF POLICE TOWN EAST POLICE STATION, THRISSUR - 680 001 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031** SRI.SAIGI JACOB PALATTY, PP **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2019, ALONG WITH Crl.MC.6515/2019(D), Crl.MC.6527/2019(E), Crl.MC.6531/2019(F), Crl.MC.6539/2019(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941** ## **Crl.MC.No.6515 OF 2019(D)** **AGAINST THE ORDER/JUDGMENT IN CC 133/2014 OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT (SPECIAL COURT FOR** ## **PETITIONER/S:** **SASIKUMAR, AGED 53 YEARS S/O.VASU, KONIPARAMBIL HOUSE, PERINGANDOOR, THRISSUR - 680 581.** **BY ADVS. SRI.K.M.SATHYANATHA MENON SRI.ARUN AJAY SHANKAR SRI.JIKKU SEBAN GEORGE** ## **RESPONDENT/S:** **1 THS SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR- 680 001. 2 STATE OF KERALA, REPRESENTED BYTHE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2019, ALONG WITH Crl.MC.6511/2019(D), Crl.MC.6527/2019(E), Crl.MC.6531/2019(F), Crl.MC.6539/2019(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941** ## **Crl.MC.No.6527 OF 2019(E)** **AGAINST THE ORDER/JUDGMENT IN CC 3/2015 OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT (SPECIAL COURT FOR** ## **PETITIONER/S:** **SASIKUMAR AGED 53 YEARS S/O.VASU, KONIPARAMBIL HOUSE, PERINGANDUR, THRISSUR-680581** **BY ADVS. SRI.K.M.SATHYANATHA MENON SRI.ARUN AJAY SHANKAR SRI.JIKKU SEBAN GEORGE** ## **RESPONDENT/S:** **1 THE SUB INSPECTOR OF POLICE TOWN EAST POLICE STATION, THRISSUR-680001 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031** SRI.SAIGI JACOB PALATTY, PP **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2019, ALONG WITH Crl.MC.6511/2019(D), Crl.MC.6515/2019(D), Crl.MC.6531/2019(F), Crl.MC.6539/2019(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941** ## **Crl.MC.No.6531 OF 2019(F)** **AGAINST THE ORDER/JUDGMENT IN CC 172/2014 OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT (SPECIAL COURT FOR** ## **PETITIONER/S:** **SASIKUMAR AGED 53 YEARS S/O.VASU,KONIPARAMBIL HOUSE, PERINGANDOOR,THRISSUR-680581.** **BY ADVS. SRI.K.M.SATHYANATHA MENON SRI.ARUN AJAY SHANKAR SRI.JIKKU SEBAN GEORGE** ## **RESPONDENT/S:** **1 THE SUB INSPECTOR OF POLICE TOWN EAST POLICE STATION,THRISSUR-680001. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.** SRI.SAIGI JACOB PALATTY, PP **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2019, ALONG WITH Crl.MC.6511/2019(D), Crl.MC.6515/2019(D), Crl.MC.6527/2019(E), Crl.MC.6539/2019(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941** ## **Crl.MC.No.6539 OF 2019(F)** **AGAINST THE ORDER/JUDGMENT IN CC 152/2014 OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT (SPECIAL COURT FOR** ## **PETITIONER/S:** **SASIKUMAR AGED 53 YEARS S/O.VASU, KONIPARAMBIL HOUSE, PERINGANDOOR, THRISSUR-680581** **BY ADVS. SRI.K.M.SATHYANATHA MENON SRI.ARUN AJAY SHANKAR SRI.JIKKU SEBAN GEORGE** ## **RESPONDENT/S:** **1 THE SUB INSPECTOR OF POLICE TOWN EAST POLICE STATION, THRISSUR-680001 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031** SRI.SAIGI JACOB PALATTY, PP **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2019, ALONG WITH Crl.MC.6511/2019(D), Crl.MC.6515/2019(D), Crl.MC.6527/2019(E), Crl.MC.6531/2019(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **ALEXANDER THOMAS, J.** ================== Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 ================== Dated this the 28[th] day of October, 2019 ## **O R D E R** As these petitions have been filed by the very same accused in similar crimes registered for offences punishable under Secs. 406, 420 and 34 of the I.P.C. and Secs.3, 4, 5 and 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, arising out of similar financial transactions and as the main ground for quashment of the impugned criminal proceedings to the extent it is directed as against the petitioner accused in each of these cases is that the very substratum of the prosecution case now stands demolished by the acquittal of the co-accused persons in these cases, etc., these matters are disposed on the basis of this common order. The facts in each of these case are dealt with separately: Crl.M.C.No. 6511/2019: 2. In this case, the petitioner herein has been arrayed originally as accused No.7 in Crime No. 2339/2011 of Thrissur Town East Police Station. The Police after investigation has filed the final report/charge sheet in the instant case, which initially led to the pendency of the Calendar Case, C.C.No. 22/2014 on the file of the Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 7 :- Addl. Chief Judicial Magistrate's Court, Thrissur. Later, the case as against the petitioner (A-7) and A-2 was split up and the case against all the remaining 10 accused was proceeded. The Addl. Chief Judicial Magistrate's Court, Thrissur, has rendered Anx.C judgment dated 2.2.2015 in Calendar Case, C.C.No. 22/2014, whereby all the said co-accused persons, who faced trial were acquitted. Paragraphs 6 to 8 of Anx.C judgment read as follows: - _“6. The points that arise for determination are :-_ _1. Whether the accused are guilty for criminal breach of trust?_ _2. Whether the accused are guilty for cheating and dishonestly inducement of PW1 to deposit money as alleged?_ _3. Whether the accused have conducted unauthorized money circulation business?_ _4. Whether the accused are guilty for canvassing PW1 for the money circulation business and collecting money from him ?_ _5. Whether the 1[st] accused company is guilty for conducting unauthorized money circulation business and other accused_ _are responsible for its conduct?_ _6. If so, what is the punishment was (sic) awarded to the accused?_ _7. Points 1 to 6:For the sake of convenience, these points are being discussed together. This case was registered by the police on the basis of the private complaint filed by PW 1 before Chief Judicial Magistrate, Thrissur and forwarded to the Police u/s. 156 (3) CrPC. After conducting investigation, the police laid charge sheet against the accused. The complaint is marked as Exhibit P1. Even though there are allegations of unauthorized money circulation business, criminal breach of trust and cheating committed by the accused as a result of which PW1 lost money, she turned hostile to the prosecution and deposed that she has received products for the amount paid by her to the accused. She has no case that any amount is due from the accused. She stated that the matter is settled and Ext. P1 was filed on an misunderstanding. In the circumstances,_ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 8 :- _examination of the remaining witnesses were given up by the learned Asst. Public Prosecutor. As there is no incriminating evidence against the accused questioning u/s. 313 (1) (b) CrPC dispensed with. The prosecution has failed to prove the guilt of the accused as alleged and therefore, the accused Nos. 1, 3 to 6 and 8 to 12 are found not guilty for the offences under Sections 406, 420 r/w Sec. 34 of IPC and Sections 3, 4, 5 and 6 of Prize Chits and Money circulation Schemes (Banning) Act, 1978._ _8. In the result, accused Nos. 1, 3 to 6 and 8 to 12 are acquitted under Section 248(1) CrPC for the offences under Sections 406, 420 r/w. Sec.34 of Indian Penal Code and Sections 3, 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Their bail bonds stand cancelled and they are set at liberty._ ## Crl.M.C.No. 6515/2019: 3. In this case, the petitioner has been originally arrayed as accused No.7 in Crime No. 277/2012 of Thrissur Town East Police Station for the very same offences mentioned herein above and the Police after investigation, has filed final report/charge sheet, which initially led to the pendency of Calendar Case C.C.No. 20/2014 on the file of the Addl. Chief Judicial Magistrate's Court's Court, Thrissur. In this case also the trial as against the petitioner herein has been split up and the trial proceeded as against the six of the other accused persons in the said case, whereby the Addl. CJM, Thrissur, has rendered Anx.C judgment dated 19.2.2019 in Calendar Case, C.C.No. 20/2014 on the file of the Addl. Chief Judicial Magistrate's Court, Thrissur. In this case also, the case as against the petitioner was split up and the case as against some of the other accused persons proceeded, whereby the six accused persons, who faced trial were Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 9 :- ## acquitted. Paragraphs 6 to 8 of Anx. C judgment in this case read as follows: _“The points that arise for determination are :-_ _1. Whether the accused are guilty for criminal breach of trust?_ _2. Whether the accused are guilty for cheating and dishonestly inducement of PW1 to deposit money as alleged?_ _3. Whether the accused have conducted unauthorized money circulation business?_ _4. Whether the accused are guilty for canvassing PW1 in the money circulation business and collecting money from him ?_ _5. Whether the 1[st] accused company is guilty for conducting unauthorized money circulation business and other accused are responsible for its conduct?_ _6. If so, what is the punishment (sic) awarded to the accused?_ _7._ _**Points 1 to 6:-** For the sake of convenience, these points are being discussed together. This case was registered by the police on the basis of the private complaint filed by PW 1 before Chief Judicial Magistrate, Thrissur and forwarded to the Police u/s. 156 (3) CrPC. After conducting investigation, the police laid charge sheet against the accused. Even though there are allegations of unauthorized money circulation business, criminal breach of trust and cheating committed by the accused as a result of which PW1 lost money, she turned hostile to the prosecution and deposed that he has received products for the amount paid by him to the accused. She has no case that any amount is due from the accused. He stated that the matter is settled and and the complaint was filed on a misunderstanding. In the circumstances, examination of the remaining witnesses were given up by the learned Asst. Public Prosecutor. As there is no incriminating evidence against the accused questioning u/s. 313 (1) (b) CrPC dispensed with. The prosecution has failed to prove the guilt of the accused as alleged and therefore, the accused Nos. 1 to 5 3 and 8 are found not guilty for the offences under Sections 406, 420 r/w Sec. 34 of IPC and Sections 3,4,5 and 6 of Prize Chits and Money circulation Schemes (Banning) Act, 1978._ _8. In the result, accused Nos. 1 to 5 and 8 are acquitted under Section 248(1) CrPC for the offences under Sections 406, 420 r/w. Sec.34 of Indian Penal Code and Sections 3, 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Their bail bonds stand cancelled and they are set at liberty._ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 10 :- ## Crl.M.C.No. 6527/2019: 4. In this case, the petitioner has been arrayed as accused No.7 in Crime No. 2515/2011 of Thrissur Town East Police Station for the very same offences, in which the Police has filed final report/charge sheet, which later led to the pendency of Calendar Case, C.C.No. 6/2014 on the file of the Addl. Chief Judicial Magistrate's Court, Thrissur. The case as against the petitioner has been split up and trial as against 9 accused persons have proceeded, whereby the said court has rendered Anx.C judgment dated 24.1.2015 in C.C.No. 6/2014, whereby all the accused persons, who faced trial thereby, were acquitted. Paragraphs 6 and 7 of the above judgment read as follows: _“6. Point Nos.1 to 6:- This case was registered by the police on the basis of a private complaint filed by the defacto complainant before the Chief Judicial Magistrate, Thrissur which was subsequently forwarded to the police u/s. 156 (3) of CrPC. The complainant was examined as PW1. Even though there are allegations in Ext. P1 that the accused conducted unauthorised money circulation business and thereby committed criminal breach of trust and cheating as a result of which PW1 lost money, PW1 turned hostile to the prosecution stating that she received products from the accused for the amount deposited by her. She further stated that Ext. P1 was filed on a misunderstanding and the matter is now settled. In the circumstances, examination of the remaining witnesses were given up by the learned Spl. Prosecutor. As there is no incriminating evidence against the accused, questioning u/s. 313(1) (b) CrPC is dispensed with. The prosecution has failed to prove the guilt of the accused as alleged and therefore, I find accused Nos. 1, 3 to 6, 8 to 10 and 12 not guilty of the offences u/ss. 406 and 420 r/w. Sec.34 of IPC and Sections 3, 4, 5 and 6 of Prize Chits Money Circulation Schemes (Banning) Act, 1978._ _7. In the result, accused Nos. 1, 3 to 6, 8 to 10 and 12 are acquitted_ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 **==> picture [36 x 9] intentionally omitted <==** _u/s. 248 (1) CrPC for offences u/ss. 406 and 420 r/w. Sec. 34 of IPC and Sections 3, 4, 5 and 6 of Prize Chits Money Circulations Schemes (Banning) Act, 1978. Their bail bonds stand cancelled and they are set at liberty.”_ ## Crl.M.C.No. 6531/2019: 5. Here the petitioner has been arrayed as accused No.7 in Crime No.223/2012 of Thrissur Town East Police Station for the very same offences and the Police after investigation had filed final report/ charge sheet, which initially led to the pendency of Calendar Case, C.C.No. 58/2014. The case against the petitioner was split up and accused persons, who faced trial, have been acquitted by Anx.C judgment dated 12.10.2015 rendered by the Special Addl. CJM, Thrissur, Paragraphs 6 to 9 of Anx. C judgment read as follows: _“6. After hearing both sides, the points that arise for consideration are :- 1. Whether the accused cheated PW1 Lilly and thereby fraudulently and dishonestly induced her to deposit money in favour of the 1[st] accused company?_ _2. Whether the accused promoted or conducted money circulation scheme or participated in it any manner or received any money in pursuance of such a scheme?_ _3. Whether the accused with a view to promote or conduct money circulation scheme done anything in violation of Sec. 5 of the Act?_ _4. Whether the accused 2 to (sic) were in charge and responsible to the 1[st] accused company for the conduct of business of the company or whether any of the offences have been committed in the consent or connivance of or was attributable to any neglect on the part of the accused as Director, Manager, Secretary or other officer of the company?_ _5. Whether the accused shared the common intention in_ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 12 :- ## _committing of these offences?_ _6. Whether the accused Nos. 1, 3 to 6 & 8 committed the offences with which they are charged?_ _7. If the accused Nos. 1, 3 to 6 & 8 are found guilty, what should be the proper sentence?_ _**7. Point No. 1 and 6 :-** Considering the facts and circumstances of the case and available evidence on record, these points can be considered together. The sole witness examined, PW1 is the defacto complainant and she proved Ext. P1 complaint. The Sub Inspector of Police, Thrissur Town East Police Station registered the above crime on the basis of the said complaint and on investigation filed charge sheet against the accused alleging commission of the aforesaid offences. However PW1 has turned hostile to the prosecution. In the evidence she has stated that she had invested money to the first accused company for products and since the products were not given to her she made Ext. P1 complaint. However, it is stated that she obtained the products from the company. So according to her, there is no amount due to her in the said transaction. It is stated that the averments in the complaint that the accused had cheated her is incorrect. With the permission of the Court the learned Assistant Public Prosecutor has invoked the power under proviso to Sec. 162 CrPC and Sec. 154 of the Evidence Act. Though PW1 was invited with the precious statements in Ext. P1 complaint and also recorded by the investigating Officer, she denied all those statements and there is nothing brought out from her evidence to incriminate the accused in the commission of the offences. It is said that Ext. P1 complaint was filed in a mistaken notion. She further stated that the matter has been settled and she has no further grievance against the accused. She denied the suggestion that she is falsely giving evidence only to support the accused. Considering the fact that the matter has been settled between the parties and the nature of the evidence given by the sole material witness, the remaining witnesses were rightly given up by learned Assistant Public Prosecutor. I am also satisfied that the examination of those witnesses will not serve any purpose. So from the available evidence on record, the prosecution has not succeeded in proving the guilty of the accused. As such no doubt the points under consideration are only to be answered against the prosecution. The points are answered accordingly._ _**- Point No.7:** As per the finding in Point No.1 to 6, the accused Nos. A1, A3 to A6 and A8 are found not guilty of the offences punishable u/s. 406 and 420, r/w. 34 of Indian Penal Code and Sections 3, 4, 5 and 6 of the Act and they are entitled for acquittal of these offence._ _In the result,_ _1. The accused Nos. A1, A3 to A6 and A8 are found not guilty of the offences punishable under Sections 406 and 420 r/w. Sec. 34 of IPC and Sections 3, 4, 5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and they are acquitted of these offences_ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 **==> picture [36 x 9] intentionally omitted <==** _under Section 248(1) of CrPC. The bail bond executed by them stand cancelled and they are set at liberty forthwith._ _2. The case against 2[nd] and 7[th] accused was split up and refiled as CC 178/2015._ ## Crl.M.C.No. 6539/2019: 6. Here the petitioner has been arrayed as accused No.8 in Crime No. 2432/2011 of Thrissur Town East Police Station for the very same offence, wherein the Police after investigation, has filed final report/charge sheet, which later led to the pendency of Calendar Case, C.C.No.23/2014 on the file of the Special Addl. Chief Judicial Magistrate's Court, Thrissur. The case as against the petitioner was split and the trial as against some of the other accused have proceeded and the said court as per Anx. C judgment dated 1.3.2-017 have acquitted all the 10 accused persons, who faced trial thereby. Paragraphs 6 to 8 of the said judgment read as follows: _“6. The points that arise for determination are:-_ _1. Whether the accused 1, 3 to 7, 9 to 11 and 13 are guilty for criminal breach of trust?_ _2. Whether the accused 1, 3 to 7, 9 to 11 and 13 are guilty for cheating and thereby dishonestly induced to deliver money as alleged?_ _3. Whether the accused 1, 3 to 7, 9 to 11 and 13 are guilty for conducting money circulation scheme?_ _4. Whether the accused 1, 3 to 7, 9 to 11 and 13 are guilty for enrolling PW1 in money circulation scheme and collecting money from her?_ _5. Whether the 1[st] accused company is guilty for conducting_ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 14 :- _money circulation scheme and other accused 1, 3 to 7, 9 to 11 and 13 are responsible for the conduct of its business?_ _6. If so, what is the punishment to be awarded to the accused?_ _7._ _**Points No.1 to 5 :-** For the brevity of discussion, these points can be considered together. This case is registered by Police based on the F1 statement given by PW1. Even though the complaint explains the alleged criminal breach of trust, cheating and unauthorised money circulation scheme conducted by the accused persons as per which PW1 was dishonestly induced to part with money to the tune of Rs. 19,900/-, but PW1 turned hostile to the prosecution stating that the statement was given on a misunderstanding and she has received products for the amount paid by her. According to PW1, no amount is due from the accused persons and the matter was settled. In such circumstances, examination of the remaining witnesses (sic) given up by the APP, as there is no incriminating evidence against accused questioning u/s. 313 CrPC dispensed with. The prosecution has failed to prove the guilt of the accused as alleged and therefore, I find them not guilty of the offences u/s. 406, 420 r/w. Sec. 34 IPC and Sections 3, 4, 5 and 6 of Prize Chits Money Circulation Schemes (Banning) Act, 1978._ _8. In the result, accused 1, 3 to 7, 9 to 11 and 13 are acquitted u/s. 248(1) CrPC for the offences under Sections 406, 420, r/w. Sec. 34 IPC and Sections 3, 4, 5 and 6 of Prize Chits Money Circulation Schemes (Banning) Act, 1978. Their bail bonds stand cancelled and they are set at liberty. The case against accused 2, 8 and 12 split up and refiled as CC. 152/14.”_ 7. Heard Sri.K.M.Sathyanatha Menon, learned counsel appearing for the petitioner accused in these cases and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for respondent State. 8. The learned counsel for the petitioner would point out that the very foundation of the prosecution case has been shattered by the acquittal of the co-accused persons in these five cases and that therefore, continuance of the impugned criminal proceedings is nothing but a futile exercise and it would amount to abuse of the Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 15 :- process of the court. 9. After having heard both sides and after going through the pleadings and materials on records, more particularly Anx.C judgments in these five cases, this Court is of the constrained to take the view that the very substratum of the prosecution case has been demolished by the acquittal of the co-accused persons and therefore, any further continuance of the impugned criminal proceedings may be a futile exercise and may amount to wastage of precious time of the Police machinery, prosecution agency as well as the trial court. 10. This Court in the cases as in _**Moosa v. Sub Inspector of Police**_ reported in 2006 (1) KLT 552, _**Ashraf Kancheriyil v. State of Kerala**_ reported in 2011(2) KHC 8123, and _**Abbas v. State of Kerala**_ reported in 2013 (2) KLT 976, has held that if the substratum of the prosecution is demolished by the acquittal of the co-accused, this Court could exercise the powers under Sec.482 of the Cr.P.C. to consider the prayer of quashment of the impugned criminal proceedings against the other accused. Accordingly, it is ordered as follows: - _(i) In Crl.M.C.No. 6511/2019, the impugned Anx.B final report/charge sheet filed in Crime No.2339/2011 of Thrissur Town East Police Station, which has led to the pendency of Calendar Case, C.C.No. 3/2015 on the file of the Addl. Chief Judicial Magistrate's Court, Thrissur and all further proceedings arising therefrom pending against the accused therein will stand quashed._ - _(ii) In Crl.M.C.No.6515/2019, the impugned Anx.B final report/charge sheet filed in Crime No. 277/2012 of Thrissur Town East Police Station, which has led to the pendency of Calendar Case, C.C.No. 133/2014 on the file of the Addl. Chief Judicial_ Crl.M.C.Nos.6511, 6515, 6527, 6531 & 6539 of 2019 - : 16 :- _Magistrate's Court, Thrissur and all further proceedings arising therefrom pending against the accused therein will stand quashed._ - _(iii) In Crl.M.C.No.6527/2019, the impugned Anx.B final report/charge sheet filed in Crime No. 2515/2011 of Thrissur Town East Police Station, which has led to the pendency of Calendar Case, C.C.No. 3/2015 on the file of the Special Addl. Chief Judicial Magistrate's Court, Thrissur and all further proceedings arising therefrom pending against the accused therein will stand quashed._ - _(iv) In Crl.M.C.No.6531/2019, the impugned Anx.B final report/charge sheet filed in Crime No. 223/2012 of Thrissur Town East Police Station, which has led to the pendency of Calendar Case, C.C.No. 172/2014 on the file of the Special Addl. Chief Judicial Magistrate's Court, Thrissur and all further proceedings arising therefrom pending against the accused therein will stand quashed._ - _(v) In Crl.M.C.No.6539/2019, the impugned Anx.B final report/charge sheet filed in Crime No. 2432/2011 of Thrissur Town East Police Station, which has led to the pendency of Calendar Case, C.C.No. 152/2014 on the file of the Special Addl. Chief Judicial Magistrate's Court, Thrissur and all further proceedings arising therefrom pending against the accused therein will stand quashed._ The petitioner will produce certified copies of this order before the investigating officers concerned and the competent courts below concerned. The office of the Advocate General will forward copy of this order to the investigating officers concerned for information. With these observations and directions, the Criminal Miscellaneous Cases will stand finally disposed of. sdk+ Sd/- **ALEXANDER THOMAS, JUDGE** ## **APPENDIX OF Crl.MC 6511/2019** ## **PETITIONER'S/S EXHIBITS:** |**ANNEXURE -A**|**CERTIFIED COPY OF THE COMPLAINT FILED AS M.P.**| |---|---| ||**NO. 8630/2011 DATED 23.11.2011 BEFORE THE CHIEF**| ||**JUDICIAL MAGISTRATE COURT, THRISSUR**| |**ANNEXURE - A1**|**READABLE COPY OF ANNEXURE A**| |**ANNEXURE - B**|**CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY**| ||**THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL**| ||**MAGISTRATE COURT, THRISSUR IN CRIME NO.**| ||**2339/2011**| |**ANNEXURE - B1**|**READABLE COPY OF ANNEXURE B**| |**ANNEXURE - C**|**CERTIFIED COPY OF THE JUDGMENT IN CC NO.22/2014**| ||**DATED 2.2.2015 ON THE FILES OF COURT OF**| ||**ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THRISSUR**| ## **APPENDIX OF Crl.MC 6515/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A CERTIFIED COPY OF THE COMPLAINT IN M.P.705/2012 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR. ANNEXURE A1 READABLE COPY OF ANNEXURE A. ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IN CRIME NO.277/2012. ANNEXURE B1 READABLE COPY OF ANNEXURE B. ANNEXURE C CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.20/2014 DATED 19/2/2015 ON THE FILES OF COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE THRISSUR.** ## **APPENDIX OF Crl.MC 6527/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED AS MP NO.9382/2011 DATED 6.12.2011 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR** - **ANNEXURE A1 READABLE COPY OF ANNEXURE A** **ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IN CRIME NO.2515/11** - **ANNEXURE B1 READABLE COPY OF ANNEXURE B** - **ANNEXURE C CERTIFIED COPY OF THE JUDGMENT IN CC NO.6/2014 DATED 24.1.2015 ON THE FILES OF COURT OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THRISSUR** ## **APPENDIX OF Crl.MC 6531/2019** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED AS M.P.NO.56/12 DTAED 6.12.2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE,THRISSUR. ANNEXURE A1 READABLE COPY OF ANNEXURE A. ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT IN CRIME NO.223/2012 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT,THRISSUR. ANNEXURE B1 READABLE COPY OF ANNEXURE B. ANNEXURE C CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.58/2014 DATED 12.10.2015 ON THE FILES OF THE COURT OF THE SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE,THRISSUR.** ## **APPENDIX OF Crl.MC 6539/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A CERTIFIED COPY OF THE COMPLAINT FILED AS MP NO.9028/2011 DATED 3.12.2011 ON THE FILES OF THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, THRISSUR ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR IN CRIME NO.2432/11** **ANNEXURE B1 READABLE COPY OF ANNEXURE B** **ANNEXURE C CERTIFIED COPY OF THE JUDGMENT IN CC NO.23/2014 DATED 1.3.2017 ON THE FILES OF COURT OF SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THRISSUR**