Jerry vs State of Kerala

JERRY vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 11, 2023

~2 min read

https://sooperkanoon.com/case/1366161

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1366161
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Sep 11, 2023
Case Number: WP(Crl.)/573/2023

Parties & Advocates

Appellant / Petitioner

JERRY

Respondent

State of Kerala

Excerpt

.....having come up for admission on 11.09.2023, the court on the same day delivered the following:p.v.kunhikrishnan, j.-------------------------------- w.p.(crl.) no.573 of 2023 ---------------------------------------------- dated this the 11th day of september, 2023judgmentthis writ petition is filed with following prayers:(i). issue a writ of certiorari or any other writ, order or direction to quash the entire proceedings in pursuance of crime no. 1064/2012 of njarakkal police station against the petitioner, after calling for the records leading to its registration. (ii). such other reliefs as deem fit and proper by this hon’ble court in the facts and circumstances of the case.2. the main grievance of the petitioner is that eventhough the case was registered as crime no.1064/2012 by the narakkal police, final report is not filed and therefore, the proceedings against the petitioner may be quashed.3. today, when the matter came up for consideration,the public prosecutor, after getting instructions, submitted that the final report in crime no.1064/2012 of narakkal police station was already filed on 13.10.2015 and it was initially pending before the judicial first class magistrate court - i, kochi, and now it is transferred to the jurisdictional court. if that be the case, the petitioner has to take appropriate steps in accordance with law. with the above observation, this writ petition (criminal) is closed. sd/- p.v.kunhikrishnan jv judge appendix of wp(crl.) 573/2023 petitioner exhibits exhibit1 true copy of order of this hon'ble court in crl.m.c.no.7665/2022 dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 WP(CRL.) NO. 573 OF 2023 CRIME NO.1064/2012 OF NARAKKAL POLICE STATION PETITIONER: JERRY AGED 28 YEARS, S/O. JAMES, AGED 30 YEARS, PULLAN HOUSE, NAYARAMBALAM KARA, NAYARAMBALAM VILLAGE, ERNAKULAM DISTRICT, PIN - 682509 BY ADV MEGHA K.XAVIER RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER NJARAKKAL POLICE STATION, ERNAKULAM, PIN - 682505 OTHER PRESENT: VIPIN NARAYAN PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- W.P.(Crl.) No.573 of 2023 ---------------------------------------------- Dated this the 11th day of September, 2023

JUDGMENT

This writ petition is filed with following prayers:

(i). issue a Writ of Certiorari or any other Writ, order or direction to quash the entire proceedings in pursuance of Crime No. 1064/2012 of Njarakkal Police Station against the petitioner, after calling for the records leading to its registration. (ii). Such other reliefs as deem fit and proper by this Hon’ble Court in the facts and circumstances of the case.

2. The main grievance of the petitioner is that even

though the case was registered as Crime No.1064/2012 by the Narakkal Police, final report is not filed and therefore, the proceedings against the petitioner may be quashed.

3. Today, when the matter came up for consideration,

the Public Prosecutor, after getting instructions, submitted that the final report in Crime No.1064/2012 of Narakkal Police Station was already filed on 13.10.2015 and it was initially pending before the Judicial First Class Magistrate Court - I, Kochi, and now it is transferred to the jurisdictional court. If that be the case, the petitioner has to take appropriate steps in accordance with law. With the above observation, this writ petition (Criminal) is closed. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF WP(CRL.) 573/2023 PETITIONER EXHIBITS Exhibit1 TRUE COPY OF ORDER OF THIS HON'BLE COURT IN CRL.M.C.NO.7665/2022 DATED

Same Court & Year Kerala · 2023 Same Parties JERRY vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan