Muhammed Salim vs State Of Kerala
2024 Latest Caselaw 15417 Ker

Kerala High Court

Muhammed Salim vs State Of Kerala on 5 June, 2024

Author: V.G.Arun

Bench: V.G.Arun

W. A. No. 741 of 2024
                                      -1-



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                      &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                           WA NO. 741 OF 2024
   AGAINST THE JUDGMENT IN WP(Crl.) NO.450 OF 2024 OF HIGH
                             COURT OF KERALA
APPELLANT/S:

              MUHAMMED SALIM
              AGED 59 YEARS
              S/O PA MUHAMMED KHANI, PULIMOOTTIL HOUSE,
              PERUNNAI PO, CHENGANNASSERY, PIN - 686102
              BY ADVS.
              P.THOMAS GEEVERGHESE
              AMRUTHA K.P.
              SAGAR ROSHAN
              SRADHA MOHAN
              TONY THOMAS (INCHIPARAMBIL)

RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
          OF KERALA, ERNAKULAM, PIN - 682031
     2        STATION HOUSE OFFICER
              CHERPU POLICE STATION, THRISSUR RURAL, CHERPU,
              PIN - 680561
     3        DISTRICT POLICE CHIEF
              THRISSUR RURAL, IRINJALAKKUDA, THRISSUR, PIN -
              680121
              SR.GP.V.TEKCHAND

       THIS    WRIT     APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
05.06.2024,      THE     COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W. A. No. 741 of 2024
                                     -2-


                             JUDGMENT

Dated this the 5th day of June, 2024

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original petitioner has

challenged the judgment dated 22.05.2024 in W. P. (Crl.) No. 450

of 2024 by which the learned Single Judge has dismissed the writ

petition on the finding that no case, to quash and set aside the FIR,

is made out.

2. It is the case of the appellant / original petitioner that the

learned Single Judge has dismissed the writ petition as if the

prayers were made only for quashing the FIR. He would submit

that other prayers have also been made which were not dealt with

by the learned Single Judge.

3. Having heard the learned counsel appearing for the

appellant, we are of the view that an appeal would not lie against

the impugned judgment where the learned Single Judge has

refused to exercise the inherent powers under Section 482 of the

Cr.P.C., though the original petition is considered as one under

Article 226 of the Constitution of India. The legal position is

covered by the judgment of this Court in W. A. No. 1628 of 2023

dated 31.10.2023. However, the prayers in the writ petition,

including the prayer for the release of the vehicle, can be made

before the competent criminal court.

The writ appeal is dismissed accordingly.

Pending Interlocutory Applications, if any, shall stand

closed.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb