IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 11^TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946 CRL.MC NO. 9285 OF 2024 PETITIONERS/ACCUSED NO.1 TO 4:

1 ASIF K. ALI, AGED 26 YEARS S/O. ALI K.S, RESIDING AT 147, KOLATHAIKOTTIL, MORAKKALA WEST, KUMARAPURAM P.O. KUNNATHUNADU, ERNAKULAM, KERALA, PIN - 683565

2 ALI K.S AGED 55 YEARS S/O. SAINUDHEEN, RESIDING AT 147,KOLATHAIKOTTIL, MORAKKALA WEST, KUMARAPURAM P.O. KUNNATHUNADU, ERNAKULAM, KERALA, PIN - 683565

3 DAVIS K. OUSEPH AGED 29 YEARS /O. OUSEPH, RESIDING AT KIZHAKKEKUDI, MORAKKALA WEST, KUMARAPURAM P.O. KUNNATHUNADU, ERNAKULAM, KERALA, PIN - 683565

4 SIDHIC SAINUDHEEN AGED 44 YEARS S/O. SAINUDHEEN, RESIDING AT 147,KOLATHAIKOTTIL, MORAKKALA WEST, KUMARAPURAM P.O.KUNNATHUNADU, ERNAKULAM, KERALA,, PIN - 683565 BY ADVS.

K.I.ABDUL RASHEED DEEPA SASIDHARAN RESPONDENTS/STATE & COMPLAINANT:

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

2 SUPERINTENDENT OF POLICE ERNAKULAM RURAL, ALUVA, PIN - 683101

3 THE STATION HOUSE OFFICER KUNNATHUNADU POLICE STATION, PATTIMATTOM, PIN - 683562

4 MOHAMMED ASLAM AGED 17 YEARS S/O SHAMSUDHEEN, PONGATTIL HOUSE, NEAR MUSLIM PALLY, PINARMUNDA KARA, KUNNATHUNADU VILLAGE, ERNAKULAM, PIN - 683565 BY ADV K.Y.SAJEEB - R4 OTHER PRESENT:

ADV.C.N.PRABHAKARAN-SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 11^th day of March, 2025 This Criminal Miscellaneous Case has been filed by accused nos.1 to 4 in Crime No.784/2024 of Kunnathunadu Police Station. The first prayer sought for is to quash Annexure-A7 F.I.R. registered against the petitioners; the second one is for a direction to the 2^nd respondent (Superintendent of Police) to hand over the investigation in the subject crime to an officer not below the rank of the Deputy Superintendent of Police; and the third, for a direction to the 3^rd respondent to register a crime and to conduct investigation on the basis of Annexure-A3 complaint and Annexure-A1 wound certificate.

2. When this matter was taken up for consideration today, learned Public Prosecutor would submit that the third prayer has become infructuous, in the sense that the action sought to be taken therein has already been done and a crime has been registered based on Annexure-A3 complaint, as Crime No.198/2025. The F.I.R. in the said crime is handed over. Learned Public Prosecutor would also submit that in the subject crime, bearing no.784/2024, the offence under Section 118(1) of the Bharathiya Nyaya Sanhita, 2023, has been deleted, and presently, the investigation in respect to the offences under Section 117(2), 115(2), 127(1) and 351(2), read with Section 3(5)

of the Bharathiya Nyaya Sanhita, 2023, is in progress.

3. In view of the above developments, this Court is of the opinion that no further relief can be granted to the petitioners. The question of quashment of Annexure-A7 F.I.R. cannot be considered, since the allegations levelled cannot be said to constitute the offences alleged. The correctness or truthfulness of the allegations levelled is a matter for evidence. There is no rhyme or reason in seeking the investigation to be handed over to an officer below the rank of the Deputy Superintendent of Police.

In the circumstances, relief nos.1 and 2 sought for will stand rejected. The third relief, as submitted by the learned Public Prosecutor has become infructuous. This Criminal Miscellaneous Case will accordingly stand dismissed.

Sd/-

C. JAYACHANDRAN JUDGE TR APPENDIX OF CRL.MC 9285/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE WOUND CERTIFICATE OF ISSUED BY THE THE COMMUNITY HEALTH CENTRE KADAYIRUPPU TO THE 4TH PETITIONER DATED 26/08/2024 Annexure A2 TRUE COPY OF THE PHOTOGRAPH SHOWING THE INJURIES OF THE 4TH PETITIONER Annexure A3 TRUE COPY OF THE STATEMENT OF THE 4TH PETITIONER'S DAUGHTER DATED 26.08.2024 Annexure A4 TRUE COPY OF THE FIR IN