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2025 Supreme(Online)(Ker) 57391
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
K. Manaf – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6279 OF 2022
For the Appellants/Petitioners: Smt. Neethu Prem, Shri. Manu K. Murali
For the Respondents: Public Prosecutor
The court reiterated the necessity for a petitioner to seek bail prior to filing for quashing proceedings based on the acquittal of co-accused.
Headnote:The Court analyzed the provisions under applicable criminal law pertaining to quashing of proceedings and noted the long-standing pendency of the case since 2014 while highlighting that the co-accused had been acquitted. The Court ultimately dismissed the Criminal Miscellaneous Case while maintaining the petitioner's right to file a fresh Crl.M.C. on the same cause of action. The key issues revolved around the legal validity of seeking a quash based on co-accused acquittals and the necessity for bail.
Result: 'I dismiss the Crl.M.C., but by reserving the right of the petitioner to file a fresh Crl.M.C., on the same cause of action.'
| Table of Content |
|---|
| 1. petitioner's filing for quashing. (Para 1) |
| 2. court's findings on acquittal and bail. (Para 2) |
O R D E R
The Criminal Miscellaneous Case is filed to quash Annexure A2 final report and all further proceedings in LPC No.59 of 2014 on the file of the Court of the Judicial Magistrate of First Class-II, Hosdurg (Trial Court).
2. The learned Public Prosecutor, on instructions, submits that the petitioner is still at large. He has not been enlarged on bail. The case is pending in the long pending register since 2014. However, the other accused in the crime have already been honourably acquitted. In light of the above submission, I dismiss the Crl.M.C., but by reserving the right of the petitioner to file a fresh Crl.M.C., on the same cause of action, to quash the proceedings in view of the acquittal of the other accused persons; however, with a rider that the petitioner shall first surrender before the Trial Court and get himself enlarged on bail, before seeking to quash the proceedings based on the acquittal of the co-accused in the crime.
