Sumesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 10, 2023

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Citation: sooperkanoon.com/1362206
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Feb 10, 2023
Case Number: Crl.MC/2980/2021

Parties & Advocates

Appellant / Petitioner

Sumesh

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas friday, the 10th day of february 2023 / 21st magha, 1944 crl.mc no. 2980 of 2021 petitioner: sumesh, aged 30 years, s/o. joshy, karoth parambil house, kopparambu, eroor, thrippunithura, ernakuam - 682 306. c.y.vinod kumar vivek k.vijayan respondents: 1 state of kerala, represented by the public prosecutor, high court of kerala, ernakulam 682 031. 2 sub inspector of police, hill palace police station, thrippunithura, ernakulam - 682 301. 3 sanal kumar k.s., aged 32 years, s/o. sadanandan, kollamcherrythara house, parayakad, cherthala, alappuzha - 688 540. k.r.rajkumar jagadeesh lakshman(k/000182/1994) rahul raj(k/692/2010) pp smt.seetha s this criminal misc. case having come up for admission on 10.02.2023, the court on the same day passed the following:bechu kurian thomas, j.-------------------------------- crl.m.c.no.2980 of 2021 --------------------------------- dated this the 10th day of february, 2023orderpetitioner challenges annexure-a1 fir in crime no.9 of 2021 of hill palace police station.2. the learned public prosecutor upon instructions submittedthat, in the meantime investigation was completed and final report filed before the judicial first class magistrate court, thrippunithura referring the case as civil in nature.3. in view of the above, this crl.m.c. under section 482 of thecode of criminal procedure, challenging the registration of fir has become infructuous. accordingly, this crl.m.c is dismissed as infrucutours. sd/- bechu kurian thomas, judge ak appendix of crl.mc 2980/2021 petitioner’s annexures:- annexure a1 certified copy of the fir in crime no. file of the judicial first class magistrate court, thrippunithura. annexure a2 true copy of the complaint, cmp no. class magistrate court, thrippunithura. annexure a3 true copy of the plaint in o.s. no. munsifff's court, ernakulam.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944 CRL.MC NO. 2980 OF 2021 PETITIONER: SUMESH, AGED 30 YEARS, S/O. JOSHY, KAROTH PARAMBIL HOUSE, KOPPARAMBU, EROOR, THRIPPUNITHURA, ERNAKUAM - 682 306. C.Y.VINOD KUMAR VIVEK K.VIJAYAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPPUNITHURA, ERNAKULAM - 682 301. 3 SANAL KUMAR K.S., AGED 32 YEARS, S/O. SADANANDAN, KOLLAMCHERRYTHARA HOUSE, PARAYAKAD, CHERTHALA, ALAPPUZHA - 688 540. K.R.RAJKUMAR JAGADEESH LAKSHMAN(K/000182/1994) RAHUL RAJ(K/692/2010) PP SMT.SEETHA S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
-------------------------------- Crl.M.C.No.2980 of 2021 --------------------------------- Dated this the 10th day of February, 2023

ORDER

Petitioner challenges Annexure-A1 FIR in Crime No.9 of 2021 of Hill Palace Police Station.

2. The learned Public Prosecutor upon instructions submitted

that, in the meantime investigation was completed and final report filed before the Judicial First Class Magistrate Court, Thrippunithura referring the case as civil in nature.

3. In view of the above, this Crl.M.C. under Section 482 of the

Code of Criminal Procedure, challenging the registration of FIR has become infructuous. Accordingly, this Crl.M.C is dismissed as infrucutours. Sd/- BECHU KURIAN THOMAS, JUDGE ak APPENDIX OF CRL.MC 2980/2021 PETITIONER’S ANNEXURES:- Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPPUNITHURA. Annexure A2 TRUE COPY OF THE COMPLAINT, CMP NO. CLASS MAGISTRATE COURT, THRIPPUNITHURA. Annexure A3 TRUE COPY OF THE PLAINT IN O.S. NO. MUNSIFFF'S COURT, ERNAKULAM.

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