Criminal Miscellaneous Case pending for quashing of proceedings was disposed of by the High Court in Kerala without retention, directing the petitioner to file a separate challenge to any final police report.
The court did not retain the case and directed the petitioner to file a challenge to the final report if aggrieved.
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 P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946
CRL.MC NO. 2402 OF 2017
CRIME NO.519/2017 OF Kalamassery Police Station, Ernakulam
PETITIONER/ACCUSED:
RAMESH SAHNI, AGED 20 YEARS,
S/O.NANDULAL SAHNI, HATTOLA VILLAGE,
SOORAJPURE, MOTHIHARI DISTRICT,
BIHAR NOW RESIDING AT PLAKKATTUTHAZHAM,
PERUMBAVOOR, ERNAKULAM DISTRICT
BY ADV SRI.P.A.ISMAIL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM2RUBAIL AHSAN, AGED 20,
S/O.MAHMOOD AALAM,
SHRIPURE VILLAGE, THARBORY PO,
UTTARDINJAPURE DISTRICT, WEST BENGAL,
NOW WORKING IN PEPPERY RESTAURANT,
NEAR TVS JUNCTION, KALAMASSERY, ERNAKULAM DIST.
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.07.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.2402/2017
2
P. V. KUNHIKRISHNAN, J.
Crl.M.C.No.2402 of 2017
Dated this the 12th day of July, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the proceedings in Crime No.519/2017 of Kalamassery Police Station, Ernakulam.
With the above observation, this Crl.M.C is disposed of.
Sd/-
P. V. KUNHIKRISHNAN JUDGE
Sbna/12.07.24
Crl.M.C.2402/2017
3
APPENDIX OF CRL.MC 2402/2017
PETITIONER ANNEXURES
ANNEXURE A1THE CERTIFIED COPY OF FIR WITH STATEMENT
DTD. 06.03.2017 OF KALAMASSERY POLICE
STATION
ANNEXURE A2THE CERTIFIED COPY OF THE FI STATEMENT OF
2ND RESPONDENT DTD. 06.03.2017 OF
KALAMASSERY POLICE STATION
1 issue framed by the court
Whether the pending Criminal Miscellaneous Case for quashing of proceedings under Section 482 CrPC needs to be retained after a long pendency.
Ramesh Sahni
State of Kerala Represented By The Public Prosecutor
Rubail Ahsan
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court