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2025 Supreme(Online)(Ker) 52164

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
BASHEER K.P. – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 776 OF 2021| CRIME NO.28/2021



Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL
For the Respondents: PP.SRI.M.P.PRASANTH

Dismissal of the petitioner's application to quash FIR; rights reserved for future applications.

Headnote:This Criminal Miscellaneous Case, filed to quash Annexure-A1 First Information Report in Crime No.28/2021 for alleged offences under the Indian Penal Code and Scheduled Caste and Scheduled Tribe Act, was dismissed. The court noted that the Investigating Officer has submitted the Final Report and emphasized the petitioners' right to challenge it before the Trial Court. The court directed that any such application for discharge should be considered in accordance with law. Crl.M.C is dismissed.

Table of Content
1. filing of crl.m.c to quash fir (Para 1)
2. status of case and rights retained (Para 2)

O R D E R

Dated this the 19th day of November, 2025 The Criminal Miscellaneous Case is filed to quash Annexure-A1 First Information Report in Crime No.28/2021 registered by the Iritty Police Station, alleging the commission of the offences punishable under Sections 447 , 451 and 427 read with Section 34 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2. The learned Public Prosecutor, on instructions, submit that, the Investigating Officer has already filed the Final Report before the Court of Session, Kannur (‘Trial Court’, in short) and the case stands posted as S.C.No.240/2024.

In light of the above submission, this Crl.M.C is dismissed, by reserving the right of the petitioner to challenge the Final Report or to file an application for discharge before the Trial Court, if the charge has not been framed till date. If such an application is filed, the Trial Court shall consider the application in accordance with law untrammelled by any observation made in this order.

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