An accused must obtain bail before seeking to quash proceedings based on the acquittal of co-accused.

ORDER

Dated this the 23^rd day of February, 2026 The petitioner is the 5^th accused in C.C.No.571/2016 on the Court of the Judicial First Class Magistrate, Koyilandi,( ‘Trial Court’, in short), which has originated from Crime No.376/2016 registered by the Elathur Police Station, Kozhikode, alleging the commission of the offences punishable under Sections 143 , 147, 148, 341, 323, 324 and 506(i) read with Section 149 of the Indian Penal Code .

2. The petitioner has filed this Criminal Miscellaneous Case on the assertion that, though the Trial Court had convicted the accused persons who faced the trial by Annexure-3 judgment, the Additional Sessions Judge-II, Kozhikode (‘Appellate Court’, in short), by Annexure-4 judgment have acquitted the said accused persons. Therefore, the petitioner is entitled to the benefit of the said findings, and the proceedings against him may be quashed.

3. When the Crl.M.C came up for consideration on 17.02.2026, this Court had called for a report from the Trial Court to ascertain whether the petitioner has got himself enlarged on bail till date. 4. Pursuant to the above order, the Trial Court, by communication dated 19.02.2026, has informed this Court that C.C.No.571/2016 was disposed of on 26.02.2024. The case against the petitioner is split up and re-filed as C.C.No.261/2024. The petitioner is absconding and a non-bailable warrant has been issued against him and Sections 82 and 83 of the Code of Criminal Procedure steps have also been initiated. Sanction from the Chief Judicial Magistrate, Kozhikode, is awaited to transfer the case to the Long Pending Register.

5. In Balmukund Singh Gautam vs. State of Madhya Pradesh [2026 KHC Online 6125] the Hon’ble Supreme Court has categorically held that, before an accused seeks to quash a proceeding on the ground of co-

accused acquittal, he should first get himself enlarged on bail.

In light of the above exposition of law, this Crl.M.C is dismissed, but by permitting the petitioner to first surrender before the Trial Court and get himself enlarged on bail and thereafter move a fresh Crl.M.C on the same cause of action.

Sd/-