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2026 Supreme(Online)(Ker) 11931
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MURALEEDHARAN NAMBIAR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7657 OF 2025
For the Appellants/Petitioners: SHRI.P.V.ANOOP, SRI.PHIJO PRADEESH PHILIP, SHRI.K C MOHAMED RASHID, SHRI.DENNISE JACOB SAVY, SHRI.ABIN BENNY
For the Respondents: SRI.M.P.PRASANTH, PP
The principle of res judicata bars subsequent legal challenges based on previously adjudicated matters.
Headnote:The judgment examines the initiation of legal proceedings under Sections 420, 406, and 120B r/w Sec.34 of the Indian Penal Code against the petitioners, which stem from a prior crime report. The Court finds that the challenge to the supplemental final report is untenable due to the res judicata principle established in earlier proceedings. The issues framed concern the sustainability of new charges in ongoing litigation. The Court upholds the previous order's findings, reinforcing the necessity of considering joint trial requests.
| Table of Content |
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| 1. accused petitioners originate from prior criminal charges. (Para 1 , 2) |
| 2. previous rulings establish res judicata in the ongoing litigation. (Para 3) |
| 3. previous factual findings ensure proper consideration in future trials. (Para 5) |
| 4. dismissal of the application with rights to raise contentions. (Para 6) |
O R D E R
Dated this the 16th day of February, 2026 The petitioners are the accused Nos.1 and 2 in C.C.No.247/2017 on the file of the Court of the Judicial First Class Magistrate, Kunnamangalam (‘Trial Court’, in short), which has originated from Crime No.736/2011 registered by the Medical College Police Station, Kozhikode, alleging the commission of the offences punishable under Sections 420 , 406 and 120B r/w Sec.34 of the Indian Penal Code .
2. The petitioners have filed this Criminal Miscellaneous Case on the assertion that the filing of the supplemental Final Report is not sustainable in law. Hence, the entire criminal proceedings may be quashed.
3. I have heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor. 4. The learned Public Prosecutor, on instructions, submits that this is the second round of litigation with respect to the crime. The petitioners had earlier filed Crl.M.C No.2679/2018 before this Court challenging the filing of split charges in the crime. However, by Annexure C order, this Court ordered joint trial of the cases. It is suppressing these facts that the present Crl.M.C is filed. The findings in Annexure C order operate as res- judicata. Therefore, this Court may not entertain this Crl.M.C.
5. By Annexure C order, this Court dismissed the Crl.M.C filed by the petitioners and has directed the Trial Court to consider a joint trial of all the cases against the petitioners, if feasible and dispose of the cases in accordance with law, at any rate within four months from 02.07.2024.
6. In light of the findings in Annexure C order, I am not inclined to entertain the Crl.M.C. Instead, the petitioners would be at liberty to raise all their contentions before the Trial Court.
Resultantly, I dismiss the Crl.M.C, but by reserving the right of the petitioners to raise all the contentions before the Trial Court. Sd/-
C.S.DIAS, JUDGE NAB PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.
