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2025 Supreme(Online)(Ker) 52012

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
THE STATE OF KERALA REPRESENTED BY THE INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION – Appellant
Versus
SARATH – Respondent
CRL.MC NO. 4780 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.SANAL P.RAJ
For the Respondents: SRI.K.P.PRASANTH, SMT.ARCHANA SURESH, SMT.T.S.KRISHNENDU

The court established that a petition becomes moot when the matter is transferred to a different jurisdiction, rendering the original motion unnecessary.

Headnote:This Criminal Miscellaneous Case was filed to challenge the Judicial Magistrate's order declining police permission to interrogate certain respondents in a criminal case. The petitioner argued that the context makes the case moot due to prior transfer to a higher court. The court determined the case no longer served a purpose and dismissed it accordingly.

O R D E R

The Crl.M.C. is filed to quash Annexure H proceedings passed by the Court of the Judicial Magistrate of First Class, Njarakkal declining permission to the Investigating Officer in Crime No.859 of 2020 of the Munambam Police Station to interrogate the respondents 1 to 3.

By communication dated 06.11.2025, the Court of the Judicial Magistrate of First Class, Njarakkal, has reported that the case has already been committed to the Court of Sessions, Ernakulam, as per its order in C.P.No.22 of 2020.

In light of the above submission, I am of the view that the Crl.M.C. has outlived its purpose. Consequently, the Crl.M.C. is dismissed as infructuous.

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