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2025 Supreme(Online)(Ker) 52011

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
A.T.JOSE – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 4523 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.B.KRISHNA MANI, SMT.N.V.SANDHYA, SMT.DHANUJA M.S
For the Respondents: ADV PUBLIC PROSECUTOR

A petition may be dismissed as infructuous if prolonged delays affect its relevance.

Headnote:This judgment analyzes the Crl.M.C. filed to quash specific complaint and court orders under the jurisdiction of the Judicial Magistrate. The court found that, due to the passage of time and the transfer of the case, the petition has outlived its purpose. The issues framed relate to the necessity and grounds for quashing the judicial proceedings. The learned judge emphasized that the delay justified dismissal as infructuous, stating, 'the Crl.M.C. has outlived its purpose.' Consequently, the final decision states that the Crl.M.C. is dismissed as infructuous.

Table of Content
1. the crl.m.c. challenges judicial orders related to a complaint. (Para 1 , 2)
2. the delay in proceedings has rendered the petition pointless. (Para 3)

O R D E R

The Crl.M.C. is filed to quash Annexure XV complaint and Annexures XVII order and XVIII plaint of the Court of the Judicial Magistrate of First Class-I, Kattappana in C.C.No.2063 of 2020.

2. When the Crl.M.C. came up for consideration on

12.11.2025, this Court had called for a report from the Court of the Judicial Magistrate of First Class-I, Kattappana.

3. By communication dated 13.11.2025, the Trial Court has informed that the case has been made over to the Court of the Judicial Magistrate of First Class-II, Kattappana for enquiry and trial. Even though this case was filed as early as on 27.06.2022, this Court has not admitted the case and no interim order has been passed.

At this distance of time, I am of the definite view that the Crl.M.C. has outlived its purpose. Consequently, the Crl.M.C. is dismissed as infructuous.

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