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2025 Supreme(Online)(Ker) 14360

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SHAREEF – Appellant
Versus
STATE OF KERALA – Respondent
OP(Crl.) 188/2019



Advocates:
For the Appellants/Petitioners: MATHEW KURIAKOSE
For the Respondents: SMT. SEETHA.S

Court held that further proceedings are unnecessary once the case has been disposed.

Headnote:In this case, the court analyzed provisions under Section 451 of the Cr.P.C. regarding property released after the accused pleaded guilty. The petitioner sought to quash a notice issued by the Judicial Magistrate. The court found that since the case was disposed of, no further orders were warranted. The main issue framed was about the necessity of continuing proceedings. The court concluded that the original petition was closed as the case was disposed.

Table of Content
1. the case is concluded without need for further special orders. (Para 2)

JUDGMENT

The Original Petition (Crl.) is filed seeking the following reliefs:

“i) Call for the records leading to Ext.P5 notice cum order; and ii) Issue an order or direction quashing Ext.P5 notice cum order dated 28.03.2019 in C.M.P. No. 1269 of 2019 in Vazhakkad Police Station Crime No.58/2019 on the files of the Judicial First Class Magistrate Court, Malappuram and all further proceedings pursuant thereto;

iii) Issue such other appropriate order or direction which this Hon'bl may deem fit in the circumstances of the case;

iv) Award cost of these proceedings.“[SIC]

2. When this Original Petition came up for consideration, the Public Prosecutor submitted that the final report in the above case is already filed, and the accused pleaded guilty on 13.12.2024. Accordingly, the case itself is disposed of. The impugned order in this case is a notice issued by the court to produce a vehicle which was released under Section 451 Cr.P.C. Since the case itself is disposed of, no further order is necessary in this case.

Therefore, this Original Petition (Crl.) is closed.

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