Upendra Prasad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 20, 2023

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Citation: sooperkanoon.com/1338413
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 20, 2023
Case Number: Crl.MC/2220/2018

Parties & Advocates

Appellant / Petitioner

Upendra Prasad

Respondent

State of Kerala

Excerpt

.....crl.m.c.no. 2220 of 2018 ---------------------------------------- dated this the 20th day of january, 2023orderthe learned counsel for the petitioners challenge the registration of crime in fir no.3599 of 2017 of ernakulam central2. the learned public prosecutor upon instructions submitted that pursuant to investigation, final report has been filed referring the case as “civil in nature”.3. in view of filing of the final report, this petition undersection 482 of the cr.p.c., challenging the registration of fir has become infructuous. accordingly, this crl.m.c. is dismissed as infructuous. sd/- bechu kurian thomas judge ajm/21/01/23 appendix of crl.mc 2220/2018 petitioner annexures annexure a1: certified copy of first information report no.3599/2017 of ernakulam central police station. annexure a2: true photocopy of the agreement for facto complainant and petitioners 2 and 3. annexure a3: true photocopy of the agreement for facto complainant and 1st petitioner. annexure a4: true photocopy of the notice dated 31.08.2017 issued by the de-facto complainant. annexure a5: true photocopy of the lawyer notice issued dated 07.12.2017. annexure a6: true photocopy of the objection filedby the de-facto complainant in bail application no.1202 of 2018 filed by the petitioners before this hon'ble court. //true copy//

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944 PETITIONERS/ACCUSED 1 TO 3:

1 UPENDRA PRASAD AGED 62 YEARS, S/O.BALAN, CHULLIKKATTU HOUSE,NEENDOOR MURI, VADAKKEKKARA VILLAGE, PARAVOOR TALUK. 2 MINI AGED 54 YEARS, W/O.UPENDRA PRASAD, CHULLIKKAT HOUSE, NEENDOOR MURI, VADAKKEKKARA VILLAGE, PARAVOOR TALUK. 3 VIMAL RAJ AGED 27 YEARS, S/O.UPENDRA PRASAD, CHULLIKKATTU HOUSE,NEENDOOR MURI, VADAKKEKKARA VILLAGE, PARAVOOR TALUK. BY ADVS. SRI.ABRAHAM P.GEORGE SRI.JOHNY THOMAS SMT.M.SANTHY

RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,CENTRAL 2 K.S.JOSHI AGED ABOUT 62 YEARS, S/O.SANKUNNY, 2C LOTUS APARTMENTS, D.H.ROAD, KOCHI CORPORATION, COCHIN - 682 011. BY ADV K.V. SABU OTHER PRESENT: SRI. NOUSHAD. K. A - PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

----------------------------------------- Crl.M.C.No. 2220 of 2018 ---------------------------------------- Dated this the 20th day of January, 2023

ORDER

The learned counsel for the petitioners challenge the registration of Crime in FIR No.3599 of 2017 of Ernakulam Central

2. The learned Public Prosecutor upon instructions submitted that pursuant to investigation, final report has been filed referring the case as “civil in nature”.

3. In view of filing of the final report, this petition under

Section 482 of the Cr.P.C., challenging the registration of FIR has become infructuous. Accordingly, this Crl.M.C. is dismissed as infructuous. Sd/- BECHU KURIAN THOMAS JUDGE AJM/21/01/23 APPENDIX OF CRL.MC 2220/2018 PETITIONER ANNEXURES ANNEXURE A1: CERTIFIED COPY OF FIRST INFORMATION REPORT NO.3599/2017 OF ERNAKULAM CENTRAL POLICE STATION. ANNEXURE A2: TRUE PHOTOCOPY OF THE AGREEMENT FOR FACTO COMPLAINANT AND PETITIONERS 2 AND 3. ANNEXURE A3: TRUE PHOTOCOPY OF THE AGREEMENT FOR FACTO COMPLAINANT AND 1ST PETITIONER. ANNEXURE A4: TRUE PHOTOCOPY OF THE NOTICE DATED 31.08.2017 ISSUED BY THE DE-FACTO COMPLAINANT. ANNEXURE A5: TRUE PHOTOCOPY OF THE LAWYER NOTICE ISSUED DATED 07.12.2017. ANNEXURE A6: TRUE PHOTOCOPY OF THE OBJECTION FILED

BY THE DE-FACTO COMPLAINANT IN BAIL APPLICATION NO.1202 OF 2018 FILED BY THE PETITIONERS BEFORE THIS HON'BLE COURT. //TRUE COPY//

Same Court & Year Kerala Orders · 2023 Same Parties Upendra Prasad vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas