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2025 Supreme(Online)(Ker) 53149

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MUHAMMED SALI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7390 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.SHIBA M SAMUEL
For the Respondents: O.M.SHALINA, SMT. M.N. MAYA

The court retains jurisdiction to decline an inherent powers request when case is long pending, pending co-accused acquittal does not dictate dismissal.

Headnote:The petitioner seeks to quash the final report of Crime No.1074/2011 based on the acquittal of co-accused. The Court noted the prolonged pendency and the petitioner’s inability to return to India due to employment concerns. Ultimately, it dismissed the Crl. M.C, allowing the petitioner to file a fresh application upon return to India.

Result: Crl. M.C is dismissed.

Table of Content
1. final report of a long-pending criminal case challenged based on co-accused's acquittal. (Para 1 , 2)
2. petitioner's job concerns noted, impacting case presence. (Para 4)
3. dismissal of crl. m.c with a right to re-file upon return to india. (Para 5)

O R D E R Dated this the 24th day of November 2025 The Criminal Miscellaneous Case is filed to quash Annexure A2 final report and all further proceedings in Crime No.1074/2011 registered by the Hosdurg Police Station, Kasaragod as against the accused person for allegedly committing the offences punishable under Sections 143 , 147, 148, 341, 283, 332, 435 and 307 r/w Section 149 of the Indian Penal Code and Section 3 (1) of the Prevention of Damage to Public Property Act , 1984.

2.The petitioner has filed the Crl.M.C. on the assertion that the co-accused in the crime has been acquitted by Annexure A3 judgment passed by the Court of Sessions, Kasaragod.

3. When the Crl.M.C came up for consideration on

21.08.2025, this Court had directed the petitioner to appear before the Trial Court and get himself enlarged on bail, since the case has been pending in the Long Pending Register since 2019.

4. Today, when the Crl.M.C was taken up for consideration, the learned counsel for the petitioner submits that the petitioner is not in a position to return back to India, because he may lose his job.

5. Taking into consideration the fact that case is in the Long Pending Register and Sections 82 and 83 of the Code of Criminal Procedure steps have been ordered against the petitioner in 2019, I am not inclined to exercise the inherent powers of this Court and quash further proceedings against the petitioner, in view of Annexure A3 judgment passed in favour of the co-accused.

In the aforesaid circumstance, the Crl. M.C is dismissed, but, by reserving the right of the petitioner to file a fresh Crl. M.C on the same cause of action, after the petitioner returns back to India and get himself enlarged on bail in the above case.

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