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Jayasudha vs State of Kerala

Jayasudha vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 29, 2020
~2 min read
https://sooperkanoon.com/case/1754484

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/2656/2014

Parties & Advocates

Appellant / Petitioner

Jayasudha

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice t.v.anilkumar friday, the 29th day of may 2020 / 8th jyaishta, 1942 crl.mc.no.2656 of 2014 crime no.45/2014 of aroor police station , alappuzha petitioner/3rd accused:jayasudha,aged 31 years w/o.ani, residing at polattu veedu, aroor p.o., cherthala, alappuzha district. by advs. sri.p.g.suresh sri.g.sudheer (thuravoor) respondent/s: state of kerala represented by sub inspector of police, aroor through the public prosecutor, high court of kerala, ernakulam - 682 031. public prosecutor- sri.k.b.udayakumar this criminal misc. case having been finally heard on 29.05.2020, the court on the same day passed the following: crl.mc.no.2656 of 2014 2orderdated this the 29th day of may 2020 heard the learned counsel for the petitioner. this proceeding is initiated for quashing the fir in crime no.45/2014 of aroor police station.2. learned public prosecutor submits that final report has been submitted before the jurisdictional magistrate on 03.03.2014, after completion of the investigation.3. in view of the submission, i do not consider that aproceeding for quashing of fir can survive any longer. in the result, crl.m.c is dismissed as infructuous, however, without prejudice to the right of the petitioner to seek to quash the final report, in case any situation warranting such legal action arises. sd/- t.v.anilkumar ajt judge crl.mc.no.2656 of 2014 3 appendix petitioner's/s exhibits: annexure a1 annexure a1. a true photo copy of the fir and in crime no.45/2014 of aroor police station. annexure a2 annexure a2. a true photocopy of thelicense dated 06.05.2013 issued by the addl. district magistrate, alappuzha to the petitioner for the current year i.e. 2013- 2014. annexure a3 annexure a3. a true photocopy of the license issued by the secretary, aroor grama panchayath to the petitioner for the stock and sale of fireworks in building no.vi/182 dated 31.01.2014.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942 Crl.MC.No.2656 OF 2014 CRIME NO.45/2014 OF Aroor Police Station , Alappuzha PETITIONER/3RD ACCUSED:

JAYASUDHA,AGED 31 YEARS W/O.ANI, RESIDING AT POLATTU VEEDU, AROOR P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) RESPONDENT/S: STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, AROOR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. PUBLIC PROSECUTOR- SRI.K.B.UDAYAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.2656 OF 2014 2

ORDER

Dated this the 29th day of May 2020 Heard the learned counsel for the petitioner. This proceeding is initiated for quashing the FIR in Crime No.45/2014 of Aroor police station.

2. Learned Public Prosecutor submits that Final Report has been submitted before the jurisdictional Magistrate on 03.03.2014, after completion of the investigation.

3. In view of the submission, I do not consider that a

proceeding for quashing of FIR can survive any longer. In the result, Crl.M.C is dismissed as infructuous, however, without prejudice to the right of the petitioner to seek to quash the Final Report, in case any situation warranting such legal action arises. Sd/- T.V.ANILKUMAR ajt JUDGE Crl.MC.No.2656 OF 2014 3 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 ANNEXURE A1. A TRUE PHOTO COPY OF THE FIR AND IN CRIME NO.45/2014 OF AROOR POLICE STATION. ANNEXURE A2 ANNEXURE A2. A TRUE PHOTOCOPY OF THE

LICENSE DATED 06.05.2013 ISSUED BY THE ADDL. DISTRICT MAGISTRATE, ALAPPUZHA TO THE PETITIONER FOR THE CURRENT YEAR I.E. 2013- 2014. ANNEXURE A3 ANNEXURE A3. A TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE SECRETARY, AROOR GRAMA PANCHAYATH TO THE PETITIONER FOR THE STOCK AND SALE OF FIREWORKS IN BUILDING NO.VI/182 DATED 31.01.2014.

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