Abdulaize vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1290049
CourtKerala High Court
Decided OnJul-30-2024
Case NumberCrl.MC/3296/2017
JudgeHonourable Mr. Justice P.V.Kunhikrishnan
AppellantAbdulaize
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice p.v.kunhikrishnan tuesday, the 30th day of july 2024 / 8th sravana, 1946 crl.mc no. 3296 of 2017 crime no.275/2016 of peerumedu police station, idukki against the order in cc no.459 of 2016 of judicial magistrate of first class, peerumedupetitioner/s: abdulaize, aged 52 years, s/o.abdulkhder, moulanayil house, kallar kara, peerumed village, peerumed taluk, idukki. by adv sri.a.chandra babu respondent/s: 1 state of kerala represented by the public prosecutor, office of the advocate general, high court of kerala, ernakulam. 2 the sho peerumedu police station, peerumedu, idukki. other present: sri.sangeetharaj.n.r, pp this criminal misc. case having come up for admission on 30.07.2024, the court on the same day passed the following:p. v. kunhikrishnan, j.crl.m.c.no.3296 of 2017 dated this the 30th day of july, 2024orderthis criminal miscellaneous case is filed to quash annexure-b final report in c.c.no.459/2016 pending before the judicial first class magistrate court-i, peerumed arising from crime no.275/2016 of peerumed police station.2. as per the e-court service website, it is stated that, based on the further investigation report, the case is transferred to ud cases and numbered as 20/2023.3. the public prosecutor submitted that, it is undetected case.4. in such circumstances, this criminal miscellaneous caseneed not be retained. if there is any fresh cause of action to the petitioner, the petitioner is free to agitate the same separately. with the above observation, this criminal miscellaneous case is disposed of. sd/- p. v. kunhikrishnan judge sbna/30.07.24 appendix of crl.mc 3296/2017 petitioner annexures annexure a- the true copy of the f.i.r. in crime no.275/2016 of peerumed police station. annexure b- certified copy of final report in cc.no.459/2016 jfmc-i, peerumed. annexure c- the true copy of the report filed by the superintendent of police before the district police chief, idukki.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 CRL.MC NO. 3296 OF 2017 CRIME NO.275/2016 OF Peerumedu Police Station, Idukki AGAINST THE ORDER IN CC NO.459 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, PEERUMEDU

PETITIONER/S: ABDULAIZE, AGED 52 YEARS, S/O.ABDULKHDER, MOULANAYIL HOUSE, KALLAR KARA, PEERUMED VILLAGE, PEERUMED TALUK, IDUKKI. BY ADV SRI.A.CHANDRA BABU RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM. 2 THE SHO PEERUMEDU POLICE STATION, PEERUMEDU, IDUKKI. OTHER PRESENT: SRI.SANGEETHARAJ.N.R, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. V. KUNHIKRISHNAN, J.

Crl.M.C.No.3296 of 2017 Dated this the 30th day of July, 2024

ORDER

This Criminal Miscellaneous Case is filed to quash Annexure-B final report in C.C.No.459/2016 pending before the Judicial First Class Magistrate Court-I, Peerumed arising from Crime No.275/2016 of Peerumed Police Station.

2. As per the e-court service website, it is stated that, based on the further investigation report, the case is transferred to UD cases and numbered as 20/2023.

3. The Public Prosecutor submitted that, it is undetected case.

4. In such circumstances, this Criminal Miscellaneous Case

need not be retained. If there is any fresh cause of action to the petitioner, the petitioner is free to agitate the same separately. With the above observation, this Criminal Miscellaneous Case is disposed of. Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/30.07.24 APPENDIX OF CRL.MC 3296/2017 PETITIONER ANNEXURES ANNEXURE A- THE TRUE COPY OF THE F.I.R. IN CRIME NO.275/2016 OF PEERUMED POLICE STATION. ANNEXURE B- CERTIFIED COPY OF FINAL REPORT IN CC.NO.459/2016 JFMC-I, PEERUMED. ANNEXURE C- THE TRUE COPY OF THE REPORT FILED BY THE SUPERINTENDENT OF POLICE BEFORE THE DISTRICT POLICE CHIEF, IDUKKI.