Jerry vs State Of Kerala
2023 Latest Caselaw 8212 Ker

               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:
 WP (Crl). No. 392 of 2023
                                     2




                     BECHU KURIAN THOMAS, J.
                   ...................................................
                      WP (Crl). No. 392 of 2023
                .................................................................
                Dated this the 1st day of August, 2023


                                 JUDGMENT

Petitioner seeks for a direction to quash Crime No.

642/2011 of Njarakkal Police Station.

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.

WP (Crl). No. 392 of 2023

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 WP (Crl). No. 392 of 2023

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.