Petition under Section 482 CrPC to quash a complaint pending since 2015 with notice unserved and trial-case status unverifiable. The High Court disposed of the petition, leaving all contentions open for the petitioner to raise before the trial court if still pending.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
CRL.MC NO. 1003 OF 2015
CRIME NO.815/2014 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1-2:
1V.M.DILEEP
S/O. NARAYANAN, VELIPARAMBIL HOUSE,
CHANGAMPUZHA NAGAR P.O., KOCHI-33.
2K.K.NIZAR
S/O. KAREEM, KANJIRATHINGAL HOUSE,
CHANGAMPUZHA NAGAR P.O., KOCHI-33.
BY ADVS.
SRI.C.AJITH KUMAR (KALLESSERIL)
SRI.C.ANILKUMAR KALLESSERIL
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 K.M.ABDUL JABBAR S/O. MUHAMMED, KUMMANCHERIYIL HOUSE, CHANGAMPUZHA NAGAR P.O., KOCHI-33.
BY ADV
SMT.NIMA JACOB, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 1003/2015
2
P.V. KUNHIKRISHNAN, J.
================================
Crl.M.C No.1003 of 2015
================================= Dated this the 19th day of July, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash Annexure A2 complaint. This Criminal Miscellaneous Case is pending before this Court from 25.02.2015. No interim order staying the proceedings of the lower court had passed in this Court.
CRL.MC 1003/2015
3
that this Criminal Miscellaneous Case need not be retained here. If the case is pending before the trial court, all the contentions raised by the petitioner in this Criminal Miscellaneous Case are left open. The petitioner is free to raise the same before the trial court at the appropriate stage.
With the above observations, this criminal miscellaneous case is disposed of.
Sd/P.V.KUNHIKRISHNAN JUDGE
HKH/19.07.2024
CRL.MC 1003/2015
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APPENDIX OF CRL.MC 1003/2015
PETITIONER ANNEXURES
ANNEXURE A1 : COPY OF THE REPORT BY THE ASSISTANT
COMMISSIONEROFPOLICE,THRIKKAKARA,
DTD.25.7.2014.
ANNEXURE A2 : CERTIFIED COPY OF THE COMPLAINT DTD.24.6.2014
COMPLAINT BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, ALUVA.
1 issue framed by the court
Should the quashing petition be retained given unserved notice and unclear trial case status?
V.M.Dileep
K.K.Nizar
State of Kerala
K.M.Abdul Jabbar
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court