This Criminal Miscellaneous petition seeking quashing of an FIR was dismissed because the prosecution had already submitted a final report and a criminal complaint was pending before the Magistrate, making further orders unnecessary in this petition.
This Crl.M.C. is dismissed without prejudice to the contentions and remedies of the petitioner.
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Crl.M.C.No.6656/2016
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 10TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA,
1943
CRL.MC NO. 6656 OF 2016
PETITIONER/S:
1 MAMACHAN THOMAS, S/O.THOMAS, AGED 57 YEARS, MANJAMATTOM HOUSE, KALPETTA P.O., WAYANAD DISTRICT. 2 KARMALEETHA O.M., AGED 54 YEARS, W/O.MAMACHAN, AGED 54 YEARS, EMILY, WAYANAD DISTRICT.
BY ADV SRI.DENIZEN KOMATH
RESPONDENT/S:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6656/2016
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O R D E R
This Crl.M.C is filed by the accused in Crime No.305 of 2016 of Kumbalakkad Police Station seeking to quash Annexure A2 FIR. Learned Public Prosecutor, upon instructions, submits that during the pendency of this Crl.M.C, final report has been submitted and the Judicial First Class Magistrate, Kalpetta has taken cognizance of the offences in the said final report and it is now pending as C.C.No.970 of 2020. In such circumstances, no orders are necessary in this Crl.M.C. Accordingly, this Crl.M.C. is dismissed without prejudice to the contentions and remedies of the petitioner.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
DG/10.11.21
Crl.M.C.No.6656/2016
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APPENDIX OF CRL.MC 6656/2016
PETITIONER ANNEXURE
ANNEXURE A-1: TRUE CERTIFIED COPY OF THE FIRST INFORMATION REPORT OF THE 2ND RESPONDENT. ANNEXURE A-2: TRUE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.305 OF 2016 OF KUMBALAKKAD POLICE STATION. ANNEXURE A-3: TRUE PHOTOCOPY OF THE QUOTATION DATED 30.07.2014 OBTAINED BY THE 2ND RESPONDENT. ANNEXURE A-4: TRUE PHOTO COPY OF THE COMPLAINT PREFERRED BY THE ACCUSED BEFORE THE DISTRICT COLLECTOR WAYANAD.
1 issue framed by the court
Whether the Criminal Miscellaneous petition seeking quashing of the FIR should be dismissed given that a final report has been submitted and a criminal complaint is pending before the Magistrate.
MAMACHAN THOMAS, KARMALEETHA O.M.
STATE OF KERALA
MAHITHA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
