IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 9^TH DAY OF AUGUST 2024 / 18TH SRAVANA, 1946 CRL.MC NO. 9412 OF 2022 CRIME NO.22/2022 OF CYBER CRIME POLICE STATION, WAYANAD PETITIONER/ACCUSED:

SACHIN THANKACHAN, AGED 35 YEARS, S/O. THANKACHAN, VINAYAPPILLIYIL, NADAVAYAL, WAYANAD DISTRICT, PIN-670721 BY ADVS.K.B.ARUNKUMAR POOJA K.S.

T.U.ZIYAD(K/1815-A/2001)

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031

2 STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, KALPETTA, WAYANAD DISTRICT, PIN-673121

3 ANNAMMA STEPHAN, AGED 80 YEARS, W/O. STEPHAN, PULIVELIL HOUSE, NADAVAYAL, WAYANAD, PIN-670721 BY ADVS. D.FEROZE C.J.JIYAS(K/324/2015)

T.S.KRISHNENDU(K/000685/2018)

PREETI S.(K/002257/2021)

JANET VARGHESE(K/3593/2022)

R1&R2 SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 9^th day of August, 2024 This Crl.M.C. has been filed under Section 482 of the Code of Criminal Proceudre by the petitioner/sole accused in Crime No.22/2022 of Cyber Crime Police Station, Wayanad, lodged before the Chief Judicial Magistrate Court, Kalpetta. He seeks quashment of Annexure-1 FIR in the above said case.

2. Since the final report in this crime was submitted to be filed before the jurisdictional court on the last posting, a report from Chief Judicial Magistrate, Kalpetta was called for in this regard. As per report dated 30.07.2024, the learned Chief Judicial Magistrate reported that the final report was submitted as “mistake of fact”. Accordingly, notice issued to the defacto complainant to appear before this Court 29.08.2028. In view of filing of final report as mistake of fact, quashment sought for in the present petition has become infructuous, as submitted by both sides.

Hence, this petition is dismissed as infructuous with liberty to both parties to move before the proper court/s in accordance with law based on the final report filed and subsequent proceedings, if any, thereafter.

Sd/-

A. BADHARUDEEN JUDGE bpr