The High Court dismissed a criminal miscellaneous petition challenging an FIR, noting that the respondent's remedy is to challenge the subsequent Final Report.
Criminal miscellaneous case dismissed without prejudice to the right to challenge the Final Report.
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 V.G.ARUN
WEDNESDAY, THE 7TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945
CRL.MC NO. 1496 OF 2014
CRIME NO.102/2014 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL
PETITIONER/ACCUSED:
RASEENA BASHEER AGED 36 YEARS W/O.BASHEER, T.C.53/11, PATTOM, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 RUSSEL S/O.ABDUL RASHEED, RASEEL MANZIL, VAKOM VILLAGE, VAIKOM P.O., ATTINGAL - 695 001.
BY ADV. RENJITH GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1496 OF 2014
2
ORDER
Dated this the 07th day of June, 2023
This Crl.M.C. was filed challenging the FIR and further proceedings in the crime. Pending this Crl.M.C., the investigation was completed and Final Report filed. The petitioner’s remedy therefore is to challenge the Final Report.
This Criminal Miscellaneous Case is accordingly dismissed, without prejudice to the petitioner’s right to challenge the Final Report, if so advised.
Sd/-
V.G.ARUN
JUDGE
NB/7-6
CRL.M.C.NO.1496 OF 2014
3
APPENDIX OF CRL.MC 1496/2014
PETITIONER’S ANNEXURES:
ANNEXURE A: TRUE COPY OF FIR IN CRIME NO.102/2014 OF CHIRAYINKEEZHU POLICE STATION DATED 5/2/2014. ANNEXURE B: TRUE COPY OF PETITION FILED BY THE DEFACTO COMPLAINANT BEFORE THE DY. S.P. ATTINGAL DATED 1/2/2014. ANNEXURE C: TRUE COPY OF PETITION SUBMITTED THE PETITIONER DATED 18/1/2014 BEFORE THE DIRECTOR GENERAL OF POLICE, STATING ALL THESE FACTS AGAINST SAID CHANDRAN AND THE DEFACTO COMPLAINANT RESPONDENTS’ ANNEXURE: NIL
TRUE COPY
P.A. TO JUDGE
Raseena Basheer
State of Kerala
Russel
V. G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
