Kerala High Court
Nashid vs State Of Kerala on 6 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 207 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 207 OF 2024
CRIME NO.205/2023 OF Manjeswar Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT RC 67/2023 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II, KASARAGOD
PETITIONER/S:
NASHID
AGED 22 YEARS
KOMATH POYIL, CHENNOLI (P.O.), KOZHIKODE, PIN - 673525
BY ADV NIDHI BALACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN
- 682031
2 STATION HOUSE OFFICER
MANJESWAR POLICE STATION, KASARGODE, PIN - 671323
3 THE UNION OF INDIA
REPRESENTED BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF
MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE, NEW DELHI, PIN
- 110001
4 AL HAMRIYA DIPLOMATIC ENCLAVE
REPRESENTED BY IT'S AUTHORISED OFFICER, RPO BOX NO 737,
DUBAI, UAE
SRI.K.A.NOUSHAD (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 207 OF 2024
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BECHU KURIAN THOMAS, J.
===========================
Crl.M.C.No.207 of 2024
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Dated this the 6th day of February 2024
ORDER
Petitioner has approached this Court seeking to quash Annexure A1,
Annexure A2 and Annexure A4. A perusal of the above referred documents
indicates that Annexure A1 is the FIR in Crime No.205/2023 of Manjeswaram
Police Station, Annexure A2 includes the report arraying the petitioner as the
13th accused in the aforesaid crime, while Annexure A4 is the final report
dated 28.07.2022. The offence alleged against the accused in Crime No.
205/2023 of Manjeswaram Police Station was under Sections 3, 4 and 5 of
Prize Chits and Money Circulation Schemes (Banning) Act, 1978 apart from
Section 420 of the Indian Penal Code, 1860 and Section 66(D) of the
Information Technology Act, 2000.
2. Though initially petitioner was not arrayed as an accused, in the
said crime, subsequently he is seen to be incorporated as the 13 th accused as
per Annexure A2. The proceedings against accused 1 to 5 were as per the
order dated 14.06.2022 in Crl.M.C.No.4316/2021, a copy of which is produced
as Annexure A3. Thereafter, a final report was filed, which is produced as
Annexure A4. Though the petitioner has sought to quash Annexure A4 as
well, it is noticed from the reading of the said final report that further
proceedings against the accused have been dropped.
CRL.MC NO. 207 OF 2024
3. The learned Public Prosecutor upon instructions also submitted
that the crime against petitioner in Crime No.205/2023 of Manjeswaram
Police Station has been referred as 'further action dropped' and hence there
is criminal proceedings now pending against him.
4. Since the crime has been referred by the police under Section
173 of IPC, the prayer of the petitioner to quash the proceedings does not
arise at all. There is no criminal proceeding now pending against the
petitioner as Crime No.205/2023 of Manjeswaram Police Station
5. In view of the above, the relief sought for in this Crl.M.C. need not
be allowed, and this Crl.M.C. is closed.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
CRL.MC NO. 207 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO
205/23 OF MANJESWAR POLICE STATION
Annexure A2 THE CERTIFIED COPY OF THE REPORT SUBMITTED BY
THE 2ND RESPONDENT
Annexure A3 TRUE COPY OF THE JUDGMENT DATED 14/6/22 IN CRL
MC NO 4316/21 OF THIS HON'BLE COURT
Annexure A4 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO 205/23 OF MANJESWAR POLICE STATION
Annexure A5 TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE
PASSPORT SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT
