Petitioner challenged the registration of a crime. Court found that upon filing of the final report post-investigation, the criminal miscellaneous case became infructuous.
Criminal miscellaneous case dismissed. Liberty reserved to pursue remedies against 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 BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
CRL.MC NO. 671 OF 2022
CRIME NO.1936/2021 OF PALLURUTHY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
GEETHU ANILKUMAR
AGED 27 YEARS
D/O ANILKUMAR,
KALARIKKAL HOUSE,
SVD STREET, PALLURUTHY P.O.,
KOCHI TALUK, ERNAKULAM DISTRICT, PIN – 682006
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 6820312 THE STATION HOUSE OFFICER PALLURUTHY KASABA POLICE STATION, PALLURUTHY P.O., ERNAKULAM DISTRICT, PIN – 6820063RENJEESH K.P
AGED 30 YRS, S/O. PEETHAMBARAN, KOCHUPARAMBIL
HOUSE, VELIYATHARA NARAYANAN ROAD, PERUMBADAPPU,
PALLURUTHY P.O., ERNAKULAM DISTRICT, PIN – 682006
BY ADV
SMT.SREEJA.V
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.671 of 2022
2
BECHU KURIAN THOMAS, J.
====================
Crl.M.C. No.671 of 2022
=====================
Dated this the 23rd day of March, 2023
ORDER
Petitioner challenges the registration of Crime No.1936/2021 of Palluruthy Kasaba Police Station.
miscellaneous case has become infructuous.
Accordingly, this criminal miscellaneous case dismissed
reserving the liberty of the petitioner to pursue remedies in accordance with law, against the final report.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/23.03.23.
Crl.M.C. No.671 of 2022
3
APPENDIX OF CRL.M.C.NO.671/2022
PETITIONER’SANNEXURES
Annexure-A1THE TRUE COPY OF THE FIR IN CRIME NO.
1936/2021 OF PALLURUTHY KASABA POLICE
STATION DATED 6.10.2021
Annexure-A2THE TRUE COPY OF THE FIS IN CRIME NO.
1936/2021 OF PALLURUTHY KASABA POLICE
STATION DATED 6.10.2021
Annexure-A3THE TRUE COPY OF THE COMPANY DETAILS OF
VIHAAN DIRECT SELLING (INDIA) PRIVATE
LIMITED
Annexure-A4THE TRUE COPY OF THE ID CARD OF THE
PETITIONER
Annexure-A5THE TRUE COPY OF THE AFFIDAVIT SUBMITTED
BY THE PETITIONER DATED 14.8.2018
Annexure-A6THE TRUE COPY OF THE DEMAND DRAFT DATED
19.12.2019 FOR RS. 1,42,000/- IN FAVOUR
OF VIHAAN DIRECT SELLING (INDIA) PRIVATE
LIMITED
Annexure-A7THE TRUE COPY OF THE APPLICATION OF
DEFACTO COMPLAINANT TO BECOME A
DISTRIBUTOR OF Q NET COMPANY DATED
18.1.2020
Annexure-A8THE TRUE COPY OF AFFIDAVIT OF THE
DEFACTO COMPLAINANT DATED 21.12.2019
Annexure-A9THE TRUE COPY OF THE CODE OF ETHICS
SIGNED BY THE DEFACTO COMPLAINANT DATED
20.12.2019
Annexure-A10THE TRUE COPY OF THE REGISTRATION
DETAILS OF THE DEFACTO COMPLAINANT WITH
Q NET ONLINE PORTAL DATED 19.12.2019
Crl.M.C. No.671 of 2022
4
Annexure-A11THE TRUE COPY OF THE COMPLAINT PREFERRED
BY THE MOTHER OF THE PETITIONER DATED
6.10.2021
Annexure-A12THE TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE DATED 7.10.2021
1 issue framed by the court
Whether the filing of the final report after investigation renders the criminal miscellaneous case infructuous.
Geethu Anilkumar
State of Kerala
Station House Officer Palluruthy
Renjeesh K.P
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court