Jerry vs State of Kerala

JERRY vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

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https://sooperkanoon.com/case/1356303

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Citation: sooperkanoon.com/1356303
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Aug 01, 2023
Case Number: WP(Crl.)/392/2023

Parties & Advocates

Appellant / Petitioner

JERRY

Respondent

State of Kerala

Excerpt

.....prosecutor upon instructionssubmitted that on 13.10.2015, the final report in crime no.642/2011 was filed before the judicial first class magistrate’s court, kochi. however, after formation of the magistrate’s court, at njarakkal, the case was transferred to that court, but the files were misplaced. thereafter the files were traced out and the learned magistrate returned the final report on 06.7.2023 for curing certain defects.3. the learned public prosecutor further submitted that on 18.7.2023 the final report was re-submitted after curing the defects.4. since it is submitted that the final report has alreadybeen filed, the challenge against the f.i.r has become infructuous. the petitioner therefore must be given the liberty to challenge the final report, in accordance with law, if required. hence, this writ petition is closed reserving the liberty of the petitioner to approach the appropriate court in accordance with law against the final report, if advised. sd/- bechu kurian thomas judge rvm appendix of wp(crl.) 392/2023 petitioner exhibits exhibit 1 true copy of order of this hon'ble court in crl.m.c.no.7665/2022 dated 21/11/2022.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(CRL.) NO. 392 OF 2023 PETITIONER: JERRY AGED 30 YEARS S/O.JAMES, PULLAN HOUSE, NAYARAMBALAM KARA, NAYARAMBALAM VILLAGE, ERNAKULAM DISTRICT, PIN - 682 509. BY ADV MEGHA K.XAVIER RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER NJARAKKAL POLICE STATION, ERNAKULAM - 682 505. BY GOVERNMENT PLEADER PUBLIC PROSECUTOR - SRI.NOUSHAD K.A THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
…………………...……………………… ………………………………..……………………… Dated this the 1st day of August, 2023

JUDGMENT

Petitioner seeks for a direction to quash Crime No.

2. The learned Public Prosecutor upon instructions

submitted that on 13.10.2015, the final report in Crime No.642/2011 was filed before the Judicial First Class Magistrate’s Court, Kochi. However, after formation of the Magistrate’s Court, at Njarakkal, the case was transferred to that Court, but the files were misplaced. Thereafter the files were traced out and the learned Magistrate returned the final report on 06.7.2023 for curing certain defects.

3. The learned Public Prosecutor further submitted that on 18.7.2023 the final report was re-submitted after curing the defects.

4. Since it is submitted that the final report has already

been filed, the challenge against the F.I.R has become infructuous. The petitioner therefore must be given the liberty to challenge the final report, in accordance with law, if required. Hence, this writ petition is closed reserving the liberty of the petitioner to approach the appropriate court in accordance with law against the final report, if advised. Sd/- BECHU KURIAN THOMAS JUDGE Rvm APPENDIX OF WP(CRL.) 392/2023 PETITIONER EXHIBITS Exhibit 1 TRUE COPY OF ORDER OF THIS HON'BLE COURT IN CRL.M.C.NO.7665/2022 DATED 21/11/2022.

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