Petitioner challenged FIR registration. Respondent submitted Final Report that investigation dropped due to mistake of fact. Court dismissed petition declaring case infructuous.
Crl.M.C. 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 ASHOK MENON
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941
Crl.MC.No.50 OF 2020(E)
AGAINST CRIME NO.210/2011 DATED 10.05.2011 OF Kottakkal Police Station, Malappuram
PETITIONER:
GOPIKRISHNAN, AGED 60 YEARS, PULLOOR HOUSE,PANDAMANGALAM, KOTTAKKAL,MALAPPURAM.
BY ADV. SRI.P.P.JACOB
RESPONDENTS:
1 THE STATION HOUSE OFFICER, KOTTAKKAL POLICE STATION,KOTTAKKAL, MALAPPPURAM,PIN-676503.
2 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI-682031.
BY ADV.
PP SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 19th day of February 2020
The petitioner is the accused in Crime No.210/2011 of Kottakkal Police Station. He is aggrieved by the registration of the FIR and he has approached this Court for quashing the same.
The learned Public Prosecutor under instructions submits that the final report has already been filed by the Investigating Officer stating that being a mistake of fact, the investigation has been dropped. Under the circumstance, nothing survives in this case and hence Crl.M.C is disposed of
as infructuous.
Sd/-
ASHOK MENON
JUDGE
ska
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE JOINT REGISTRAR(G),MALAPPURAM TO THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM DATED 26.2.2011
ANNEXURE II CERTIFIED COPY OF THE F.I.R/CRIME NO.210/2011 DATED 10.5.2011 OF THE KOTTAKKAL POLICE STATION.
1 issue framed by the court
Whether the Criminal Misc. Case admitting petition for quashing FIR should be disposed of due to dropped investigation based on mistake of fact.
GOPIKRISHNAN
1 THE STATION HOUSE OFFICER, KOTTAKKAL POLICE STATION
2 STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
