The High Court dismissed a petition under Section 482 CrPC to quash an FIR. The court held the petition became infructuous as the court below had already recorded a final acquittal order in the trial case.
Petition dismissed 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 BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944
CRL.MC NO. 4928 OF 2015
F.I.R.NO.105 OF 2015 OF THOTTIPALAM POLICE STATION, KOZHIKODE
RURAL
PETITIONERS/ ACCUSED :
1 LEO ZACHARIAS, AGED 30 YEARS, S/O.SKARIA P.J., PERUMPALLIL HOUSE, POOTHAMPARA PO, KUTYADY, BADAGARA TALUK, KOZHIKODE DISTRICT, PIN - 673 513.
2 SKARIA P.J., AGED 59 YEARS, PERUMPALLIL HOUSE, POOTHAMPARA PO, KUTYADY, BADAGARA TALUK, KOZHIKODE DISTRICT, PIN - 673 513.
BY ADVS. SRI.ANIL D.KARTHA SMT.ASHLYN BENNY
RESPONDENTS/ STATE AND COMPLAINANT :
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2 JYOTHY MERYMOL, AGED 27 YEARS, D/O.JOSEPH K.T., KOCHUPARAMPIL HOUSE, MALDARE ESTATE, KALLADA, SIDDAPUR, KODUGU DISTRICT, KARNATAKA, PIN - 571 253.
BY SRI.NOUSHAD K.A, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4928 OF 2015
2
BECHU KURIAN THOMAS, J.
Crl.M.C.No.4928 of 2015
Dated this the 22nd day of November, 2022
ORDER
This petition filed under Section 482 of the Code of Criminal Procedure, 1973 seeks to quash the registration of FIR No.105/2015 of Thottipalam Police Station, Kozhikode Rural.
In view of the above, this petition challenging the registration of the crime has become infructuous.
Accordingly, this Crl.M.C.is dismissed as infructuous.
Sd/- BECHU KURIAN THOMAS, JUDGE
RKM
1 issue framed by the court
Whether the petition to quash the FIR registration is maintainable after the accused have been acquitted.
1 provisions across 1 enactments
Leo Zacharias
Skaria P.J.
State of Kerala
Jothy Merymol
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
