The High Court will not exercise its inherent powers to quash criminal proceedings for an accused person who is absconding and has not surrendered before the trial court.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 18th day of September, 2026

This petition is filed to quash Annexure-1 Final Report and all further proceedings in C.C.No.1197/2018 on the file of the Court of the Judicial First Class Magistrate-I, Chalakkudy, (‘Trial Court’, in short) on the assertion that the co-accused in the crime have already been acquitted by Annexure-2 judgment.

2. Pursuant to the directions of this Court, the Trial Court, by a report dated 13.08.2026, has informed this Court that a non-bailable warrant has been pending against the petitioner, who has not surrendered before the said court till date.

3. Pursuant to the said report, this Court directed the petitioner to surrender before the Trial Court and get himself enlarged on bail on or before 18.09.2026.

4. The learned counsel for the petitioner submits that the petitioner is in Canada, therefore, he could not surrender before the Trial Court.

5. Taking into consideration the law laid down by the Hon’ble Supreme Court in Balmukund Singh Gautam v. State of Madhya Pradesh [2026 KHC 6125], that this Court shall not exercise its inherent powers in favour of an absconding accused, I am not inclined to entertain this petition.

Resultantly, this petition is dismissed, but by reserving the right of the petitioner to file a fresh petition for an identical relief, after the petitioner surrenders before the the Trial Court and get himself enlarged on bail.