Petitioner sought to quash a court charge in C.C.No.5/2001. Court found that the underlying case was disposed of on 24-2-2007, rendering the instant petition infructuous. Dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930
Crl.MC.No. 1919 of 2006
------------------------CRIME NO. 5/1999 IN CC.5/2001 of ENQUIRY COMMR. & SPL.JUDGE, KOZHIKODE
PETITIONER: ACCUSED: ----------------------KUNHIRAMAN T., AGED 56 YEARS, S/O. LATE A.V.KANNAN, PEROLE P.O., NILESHWAR, KASARAGOD DISTRICT.
BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN
RESPONDENT: COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUOR, HIGH COURT OF KERALA, REPRESENTING THE DY.S.P. V & ACB, KASARAGOD.
BY PUBLIC PROSECUTOR MR. C.M.KAMMAPPU
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER ON CRL.M.A. NO. 3715/2006 IN CRL.M.C. NO. 1919 OF 2006
DISMISSED.
18-3-2009 SD/-M.C. HARI RANI, JUDGE
KS.
TRUE COPY
P.S. TO JUDGE
M.C. HARI RANI, J.
======================
CRL.M.C.NO. 1919 of 2006
=======================
Dated this the 18th day of March 2009
ORDER
The prayer in this petition is to quash the court charge in
C.C.No.5/2001 pending before the Court of Enquiry
Commissioner and Special Judge, Kozhikode. As per the direction of this court, the Registry contacted the Enquiry Commissioner and Special Judge, Kozhikode over telephone and informed that C.C.No.5/2001 was disposed of on 24-2-2007. In the circumstances, this Crl.M.C.is dismissed as infructuous.
M.C. HARI RANI JUDGE
ks.
1 issue framed by the court
Whether the prayer to quash the court charge is maintainable when the underlying criminal case has already been disposed of?
Kunhiraman T.
The State of Kerala, Represented by Public Prosecutor
M.C. Hari Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
