Prince S vs State Of Kerala
2023 Latest Caselaw 3447 Ker

CRL.MC NO. 2266 OF 2023


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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                          CRL.MC NO. 2266 OF 2023
     CRIME NO.1344/2021 OF Hill Palace Police Station, Ernakulam
    AGAINST THE ORDER/JUDGMENTCC 550/2021 OF JUDICIAL FIRST CLASS
                     MAGISTRATE COURT, TRIPUNITHURA
PETITIONER/S:

     1      PRINCE S
            AGED 33 YEARS
            'NELLARAYIL' HOUSE, ELIKULAM VILLAGE, POOVARANI P.O.,
            KOTTAYAM DISTRICT, PIN - 686577
     2      ATHUL CHANDRAN
            AGED 30 YEARS
            S/O. M.G. CHANDRAN, MUNDUNADAIKKAL HOUSE, VILAKKUMADAM,
            MALLIKASSERY P.O., KOTTAYAM DISTRICT, PIN - 686577
     3      SIJU JOSE
            AGED 29 YEARS
            S/O. JOSE, PARAYIL HOUSE, POOVARANI P.O., PAIGA, PALA,
            KOTTAYAM DISTRICT, PIN - 686577
            BY ADVS.
            T.M.RAMAN KARTHA
            SYAMA MOHAN
            REVATHY M.A.
            GREESHMA T.G.
            SNEHA BRIGIT PRINCE


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, COCHIN, PIN - 682031
     2      STATION HOUSE OFFICER
            HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM
            DISTRICT, PIN - 682301
     3      MUHAMMED HASSAN SAIFI
            AGED 41 YEARS
            S/O ABDUL AZEEZ, 'SAIFI' HOUSE, VATTEKKUNNAM, EDAPPALLY
            NORTH P.O., ERNAKULAM,, PIN - 682024
 CRL.MC NO. 2266 OF 2023


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            SRI.K.A.NOUSHAD (PP)
     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
24.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2266 OF 2023


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                      BECHU KURIAN THOMAS, J.
                ========================
                        Crl.M.C.No.2266 of 2023
                ------------------------------------------------
                         Dated this the 24th day of March, 2023

                                       ORDER

Petitioner seeks to quash Annexure A4 final report and all

further proceedings in C.C.No.550/2021 on the files of the

Judicial First Class Magistrate Court, Tripunithura arising

from Crime No.1344/2021 of Hill Palace Police Station,

Thripunithura.

2. After investigation, the final report was filed on

30.10.2021 and the court had taken cognizance of the crime as

C.C.No.550/2021. In the meantime, petitioner had approached

this Court in Crl.M.C.No.5367/2021 challenging the

registration of crime, in Crime No.1344/2021 of Hill Palace

Police Station. By judgment dated 18.07.2022, this Court

quashed the FIR on the basis of the settlement between the

parties.

3. A perusal of Annexure A3 judgment reveals that the

fact of filing the final report was not brought to the notice of

this Court. Thus despite quashing the FIR, the trial court CRL.MC NO. 2266 OF 2023

proceeded with the calendar case and therefore, petitioners

have filed this Crl.M.C. challenging the proceedings.

4. Learned Public Prosecutor upon instructions

submitted that in view of Annexure A3 order, the very basis

of C.C.No.550/2021 on the files of the Judicial First Class

Magistrate Court, Tripunithura has been destroyed.

5. On a perusal of Annexure A3 order I find that this

Court had quashed Crime No.1344/2021 of Hill Palace Police

Station. Hence as rightly pointed by the learned Public

Prosecutor the prosecution case has lost its very basis and

therefore, C.C.No.550/2021 on the files of the Judicial First

Class Magistrate Court, Tripunithura cannot continue. Even

final report filed as Annexure A4 is also liable to be set aside,

in view of the Annnexure A3 order of this Court.

Hence I quash Annexure A4 as well as the final report in

Crime No.1344 of 2021 of Hill Palace Police Station and all

further proceedings in C.C.No.550/2021 on the files of the

Judicial First Class Magistrate Court, Tripunithura.

sd/

BECHU KURIAN THOMAS JUDGE jm/ CRL.MC NO. 2266 OF 2023

APPENDIX OF CRL.MC 2266/2023

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.1344/2021 OF HILL PALACE POLICE STATION Annexure A2 AN AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT ON 2.11.2021 Annexure A3 A TRUE COPY OF THE ORDER DT.18.7.2022 PASSED BY THIS HON'BLE COURT IN CRL MC NO. 5367/2021 Annexure A4 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1344/21 OF HILL PALACE POLICE STATION