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2022 Supreme(Ker) 858

KAUSER EDAPPAGATH
K. Kalakumar, S/o. Krishnankutty Nair – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Abdul Jawad K., A. Grancy Jose.
For the Respondent: Sri. P.G. Manu, Sr. Public Prosecutor.

JUDGMENT :

This W.P.(Crl.) has been filed to quash the entire proceedings pursuant to Ext.P1 FIR in Crime No.147/2002 of Thenmala Police Station on the ground of inordinate delay in completing the investigation and submitting the final report.

2. A crime was registered against the petitioner at the Thenmala Police Station for the offences punishable under Sections 498A and 306 of the IPC as early as in the year 2002.

3. Originally, the crime was registered under Section 174 of the Cr.P.C. in connection with the suicide committed by the wife of the petitioner. Thereafter, the offences punishable under Sections 498A and 306 of the IPC were incorporated.

4. After the investigation, the final report was submitted at the Judicial First Class Magistrate Court-I, Punalur on 30.12.2003. It was returned noting certain defects. So far, it has not been resubmitted curing the defects even though more than 20 years have been elapsed.

5. I have heard Sri. Abdul Jawad K., the learned counsel for the petitioner and Sri. P.G. Manu, learned Senior Public Prosecutor.

6. When the case came up for hearing on the last posting date, I had directed the SHO, Thenmala Police Station to offer explanation as to why

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