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2025 Supreme(Online)(Ker) 52165

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
FIZROSE KHAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1247 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SMT.SAIPOOJA
For the Respondents: SRI.M.P.PRASANATH, PP

The petitioner can challenge the final report in accordance with legal provisions, despite dismissal of the quash application.

Headnote:In the judgment regarding Crl. M.C.No.1247 of 2021, the court discusses the authority and procedures related to quashing an FIR under the relevant criminal laws. The petitioner sought to quash the FIR concerning Crime No.180 of 2019. The court establishes that since a final report has been laid before the Magistrate, the Crl.M.C. is dismissed. The court emphasizes that the petitioner retains the right to challenge the final report within the due legal framework.

Result: The Crl.M.C. is dismissed.

O R D E R

The Crl.M.C. is filed to quash Annexure-1 FIR in Crime No.180 of 2019 registered by the Kalady Police Station, Ernakulam.

The learned Public Prosecutor, on instructions, submits that the Investigating Officer has already laid the final report before the Court of the Judicial Magistrate of First Class-IV, Perumbavoor and the case has been numbered as C.C.No.615 of 2022.

In light of the above submission, the Crl.M.C. is dismissed, but, without prejudice to the right of the petitioner to challenge the final report or 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, untramelled by any observation made in this order. Sd/-

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