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2025 Supreme(Online)(Ker) 50946

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2025 / 21ST KARTHIKA, 1947
CRL.MC NO. 2407 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.78 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, NADAPURAM
PETITIONER/PETITIONER/COMPLAINANT:
M/S.SREE GOKULAM CHITS & FINANCE CO.(P) LTD
AGED 43 YEARS
REPRESENTED BY NISHAD.K.M, AGED 43, S/O RAGHAVAN,
SENIOR MANAGER (BUSINESS), KIZHAKKUMURI(H),
CHEEKONNUMMAL P.O, VATAKARA TALUK, KOZHIKODE- AS
AUTHORIZED BY THE RESOLUTION OF THE BOARD OF
DIRECTORS MEETING HELD ON 4/09/2021., PIN - 673507
BY ADV SRI.K.M.SATHYANATHA MENON
RESPONDENTS/RESPONDENTS/ACCUSED & STATE:
1 ANSAL.A.K,
AGED 37 YEARS
S/O KUNHABDULLA, A.K MANZIL(H),
CHERIYAKUMBALAM,PALERI PO, KOZIKODE DISTRICT, PIN -
673508
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV
SRI.M.P.PRASANTH, PP
SRI.M.R.SASITH

A Criminal Miscellaneous Case is dismissed as infructuous if the respondent has already been convicted.

Headnote:This judgment analyses the Criminal Miscellaneous Case filed to quash an order related to a previous trial. The petitioner challenged the lower court's proceedings, but the Public Prosecutor confirmed the respondent's prior conviction. The court found that the motion was without merit and dismissed the case as no outstanding issues remained. The main legal question was whether the appeal held substantive grounds in light of the conviction. The Court concluded that the challenge was moot due to the preceding conviction, thus rendering the application as infructuous.

O R D E R

The Crl.M.C. is filed to quash Annexure 1 order in CMP No.771 of 2022 in ST No.78 of 2019 on the file of the Court of the Judicial Magistrate of First Class-II, Nadapuram.

The learned Public Prosecutor, on instructions, submits that the 1st respondent has already been convicted by the Trial Court.

In light of the above submission, the Crl.M.C. is dismissed as infructuous.

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