Single Judge of Kerala HC, Ernakulam, dismissed a petition under Section 482 Cr.P.C. seeking quashing of an FIR. The court held the petition infructuous due to the filing of the final report but clarified that the right to challenge the final report remains unaffected.
Crl.M.C. No. 2315 of 2015 dismissed as infructuous; pending applications closed.
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 T.V.ANILKUMAR
WEDNESDAY, THE 01ST DAY OF JULY 2020 / 10TH ASHADHA, 1942
Crl.MC.No.2315 OF 2015
CRIME NO.175/2015 OF Ernakulam Central Police Station , Ernakulam
PETITIONER/2ND ACCUSED:
ASHIK.A.S. AGED 31 YEARS S/O AZEEZ, HOUSE NO.4/48, KANDATHIL PARAMBU, PUTHIYA ROAD, COCHIN-2
BY PARTY IN PERSON
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN:682031.
2 MOHAMMAD HARIS
AGED 28 YEARS S/O MUHAMMAD HASHIM, D 4/3, SREE CHITHRA QUARTERS, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.
BY ADV.SRI.BINEESH. E.C. (P.P.)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2315 of 2015
:-2-:
Dated this the 1st day of July, 2020
O R D E R
It is submitted by the learned Public
Prosecutor that final report was submitted in this
matter and the case was taken to file by the CJM Court, Ernakulam, as C.C.No.152/2015.
In the result, this Crl.M.C. filed under Section 482 of Cr.P.C. seeking to quash FIR in
Crime No.175/2015 of Central Police Station,
Ernakulam, is dismissed as infructuous. However,
the petitioner's right to challenge the final report, if any, will not stand affected.
All pending interlocutory applications are
closed.
Sd/-
T.V.ANILKUMAR JUDGE
ami/
2 issues framed by the court
Whether the criminal miscellaneous petition seeking quashing of the FIR under Section 482 Cr.P.C. should be allowed.
Whether the filing of the final report by the prosecution renders the present petition infructuous.
1 provisions across 1 enactments
Ashik A.S.
State of Kerala
Mohammad Haris
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
