Kerala High Court
Akshay vs State Of Kerala on 11 December, 2025
Crl.M.C.9397/2025
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2025:KER:95489
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 11TH DAY OF DECEMBER 2025 / 20TH AGRAHAYANA, 1947
CRL.MC NO. 9397 OF 2025
CRIME NO.61/2021 OF EDACHERRY POLICE STATION, KOZHIKODE
CC.NO.1093/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS,VADAKARA
PETITIONER/ACCUSED NO. 2 TO 4:
1 AKSHAY
AGED 25 YEARS, S/O. VIJAYAN,
PALLOLI THZE KUNNI VEEDU,
EDACHERRY NORTH P.O,
KOZHIKODE DISTRICT, PIN - 673502
2 VAISHAK @ SAMBU
AGED 24 YEARS, MEETHALE KUNNATHU VEEDU,
PURAMERI P.O., KOZHIKODE DISTRICT,
PIN - 673 503.
3 SHYAMJITH
AGED 24 YEARS, S/O. SASIDHARAN,
LAL JITH NIVAS, PURRAMARY P.O.,
KOZHIKODE DISTRICT, PIN - 673503.
BY ADVS.
SHRI.K.B.ARUNKUMAR
SHRI.RANJIT BABU
SMT.POOJA K.S.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
Crl.M.C.9397/2025
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2025:KER:95489
2 THE INSPECTOR OF POLICE
EDACHERY POLICE STATION,
KOZHIKODE DISTRICT, PIN - 673501
3 XXXX
OTHER PRESENT:
PUBLIC PROSECUTOR-SRI.U.JAYAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.9397/2025
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ORDER
Dated this the 11th day of December, 2025 Petitioners are accused persons 2 to 4 in CC.1093/2023 of Judicial First Class Magistrate Court, Vatakara. The offence alleged against the petitioners are under Section 363 r/w 34 of IPC.
2. The prosecution case is that the petitioners helped the 1st accused in abducting the defacto complainant so as to enable the 1 st accused to sexually abuse her.
3. According to the learned counsel for the petitioners, as per the judgment of the Fast Track Special Court, Nadapuram in SC No.807/2021, dated 9.10.2023, the 1st accused was already acquitted and as such the charge as against the petitioner is liable to be quashed. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. On a perusal of the judgment of the Special Judge, Fast Track Special Court, Nadapuram, in SC. No. 807/2021 dated 9.10.2023, it can be seen that the Special Judge found that the defacto complainant and the 1 st accused were sitting comfortably inside the car and that the prosecution has not succeeded in proving that it was a case of abduction. It was in the above context, the learned Special Judge acquitted the 1st accused.
5. In the light of the above finding that the prosecution has not succeeded in proving the charge of abduction as against the 1 st accused, a similar charge Crl.M.C.9397/2025 4 2025:KER:95489 against the petitioners on the same facts will not stand. Therefore, continuation of further proceedings against the petitioners will only be an abuse of the process of the court and as such this Criminal MC is liable to be allowed.
6. In the result, This Crl. M.C is allowed. All further proceedings against the petitioner in CC.1093/2023 of Judicial First Class Magistrate Court, Vatakara arising from Crime No.61/2021 of Edacherry Police Station, Kozhikode, stands quashed.
Sd/-
C. PRATHEEP KUMAR, JUDGE sou.
Crl.M.C.9397/20255
2025:KER:95489 APPENDIX OF CRL.MC NO. 9397 OF 2025 PETITIONER ANNEXURES Annexure A-4 THE CERTIFIED COPY OF THE ORDER DATED 17.01.2024 OF FAST TRACK SPECIAL COURT, NADAPURAM IN SC NO. 95/2023