The petitioner sought to quash an FIR. The investigation was complete, final report filed, and cognizance taken. The court found no need for further directions and dismissed the criminal miscellaneous case as agreed.
The criminal miscellaneous case was dismissed as agreed with the proviso that the option to challenge the final report remains unfettered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930
Crl.MC.No. 3325 of 2008()
------------------------CRIME NO. 283/08 OF IDUKKI POLICE STATION
PETITIONER(S): ACCUSED:
MANU KUMAR.S., ADVOCATE, S/O.SREEDHARAN PILLAI, KAKKANATTU HOUSE, MUTHARAMKUNNU KARA, VENGALLOOR P.O., THODUPUZHA.
BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN
RESPONDENT(S): COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Crl.M.C.No. 3325 of 2008
Dated this the 4th day of November, 2008
O R D E R
The prayer is to quash an F.I.R. The learned Prosecutor reports
that the investigation is complete, final report has already been filed and cognizance taken by the learned Magistrate. I am, in these circumstances, satisfied that no further directions are necessary in this Crl.M.C.
say, the option of the petitioner to challenge the final report in appropriate proceedings shall remain unfettered by the dismissal of this Crl.M.C.
(R. BASANT) Judge
tm
1 issue framed by the court
Whether the prayer to quash an FIR can be maintained when investigation is complete and final report filed.
MANU KUMAR.S.
STATE OF KERALA
R BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
