The petitioner challenged an order in a criminal matter. The court held that since the jurisdictional court accepted the police's refer report and destroyed the records as per higher authority, the present criminal misc. case became infructuous.
Crl.M.C. No.1272 of 2013 dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
CRL.MC NO. 1272 OF 2013
AGAINST THE ORDER/JUDGMENT IN CMP 3143/2011 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,THIRUVANANTHAPURAM
OS 1880/2010 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/S:
THOMAS JOSEPH
S/O JOSEPH, RESIDING AT TC 46/559(3), NEAR CONVENT
ROAD, POONTHURA P.O., THIRUVANANTHAPURAM.
BY ADV SRI.T.RAJASEKHARAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.2 VIMALA GOMEZW/O. CICIL S.GOMAS, RESIDING AT TC 46/559(1), NEAR
CONVENT, AMBALATHARA ROAD, POONTHURA P.O.,
THIRUVANANTHAPURAM.
3 S.SIVAKUMAR S/O. SIVADAS, SIVANIVAS, TC NO.48/172, PUTHEN PALLI WARD, POONTHURA P.O., THIRUVANANTHAPURAM.OTHER PRESENT:
SR.PP.RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.1272 of 2013
2
O R D E R
Dated this the 6th day of July, 2023
The Judicial Magistrate of First Class-II,
Thiruvananthapuram has informed that refer report was filed in the matter by the Poonthura Police, to which C.M.P No.3143/2011 was sent over from the Fort Police Station. The report was accepted and thereafter, the records of the case destructed as per the order of the Chief Judicial Magistrate, Thiruvananthapuram.
Insofar as the police filed a refer report and the report accepted by the jurisdictional court, the Crl.M.C is dismissed as infructuous.
Sd/-
V.G ARUN JUDGE
SJ
THOMAS JOSEPH
STATE OF KERALA
VIMALA GOMEZ
S.SIVAKUMAR
V.G ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court