The Kerala High Court disposed of the criminal miscellaneous petition as infructuous. The court noted that separate proceedings had already been quashed based on the final report filed after investigation, rendering the current quashment prayer redundant.
Crl.M.C. No.1433 of 2018 stood disposed of as infructuous.
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 ALEXANDER THOMAS
THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941
Crl.MC.No.1433 of 2018
CRIME NO.1099/2017 OF Chalakkudy Police Station , Thrissur
PETITIONER/S:
JINOL
AGED 30, S/O.PAUL, CHAKKORIA HOUSE,PORATHISSERY, IRINJALAKUDA, THRISSUR RURAL,THRISSUR - 680 121.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE SUB INSPECTOR OF POLICE,CHALAKUDY POLICE STATION THROUGHTHE PUBLIC PROSECUTOR, HIGH COURT OF KERALAAT ERNAKULAM - 682 031.
2 VICTIM. ..
BY ADV. SRI.N.L.BITTO
OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1433 of 2018
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ALEXANDER THOMAS, J.
Crl.M.C. No. 1433 of 2018
Dated this the 1st day of August, 2019
O R D E R
The above said Crl.M.C. has been filed for quashment of the impugned FIR in crime No.1099/2017 of Chalakudy Police Station. The said Crl.M.C. was filed at the stage when the crime was pending investigation. Later, the Police has completed investigation in the said crime and has filed the final report/charge sheet in the said crime No.1099/2017 whereby they have deleted the original offence as per Section 376 of the IPC and has duly included the offence as per Section 493 and 420 of the IPC.
The petitioner has separately filed Crl.M.C. No.5394/2019 before this Court for quashment of the said criminal proceedings pursuant to the final report/charge sheet filed in crime No.1099/2017 which has now led to the calendar case CC No.626/2018 on the file of the Judicial First Class Magistrate Court, Chalakudy. This Court as per the separate order rendered today (01.08.2019) in Crl.M.C.No.5394/2019 has already quashed the impugned criminal proceedings arisen out of the said final report/charge sheet filed in crime No.1099/2017 which in turn has given
Crl.MC.No.1433 of 2018
3
led to the institution of calendar case CC No.628/2018 on the file of the Judicial First Class Magistrate Court, Chalakudy. Hence, now it is submitted by the learned counsel for the petitioner that the prayer in the above Crl.M.C. 1433/2018 has become infructuous and can be closed. The learned Prosecutor has also no objection to the said factual submission made by the petitioner.
Accordingly, the above Crl..M.C. will stand disposed of as
infructuous.
Sd/-
ALEXANDER THOMAS, JUDGE
SKS
Crl.MC.No.1433 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I A CERTIFIED COPY OF THE FIR IN CRIME NO.1099 OF 2017 DATED 29.8.2017 OF THE CHALAKUDY POLICE STATION. ANNEXURE II A TRUE COPY OF THE ORDER PASSED IN BA NO.6400 OF 2017 DATED 29.11.2017 OF THIS HON'BLE COURT. ANNEXURE III A TRUE COPY OF THE AFFIDAVIT FILED BY THE SECOND RESPONDENT DATED 1.2.2018
ANNEXURE IV A TRUE COPY OF THE FURTHER STATEMENT GIVEN BY THE SECOND RESPONDENT TO THE POLICE DATED 2.2.2018
1 issue framed by the court
Whether the prayer for quashing the FIR has become infructuous following the completion of investigation and quashing of subsequent criminal proceedings?
JINOL
STATE OF KERALA
VICTIM
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
