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2025 Supreme(Online)(Ker) 52179

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JITHIN, JOSHY, JERIN – Appellant
Versus
STATE OF KERALA, VIJAYASANKAR – Respondent
CRL.MC NO. 4296 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.BIJU MARTIN, SRI.P.K.VARGHESE, SRI.M.M.SALIM, SRI.K.R.ARUN KRISHNAN
For the Respondents: SRI.M.P.PRASANATH, PP, SRI.P.RAHUL, SMT.ABHINA L.

The court dismissed the petition to quash the FIR while preserving the petitioners' right to challenge the final report in the appropriate forum.

Headnote:In this case, the petitioners sought to quash the FIR in Crime No.737/2020, but the Public Prosecutor reported that the investigating officer had submitted the final report to the Chief Judicial Magistrate as C.C.No.167 of 2023. Thus, the court dismissed the plea but allowed the petitioners the right to challenge the final report or seek discharge before the Trial Court. The court emphasized that any application filed must be considered accordingly to law without being influenced by this order. The final outcome was a dismissal of the Crl.M.C.

O R D E R

The Crl.M.C. is filed to quash Annexure-1 FIR in Crime No.737 of 2020 registered by the Ernakulam Town North Police Station.

The learned Public Prosecutor, on instructions, submits that the Investigating Officer has already laid the final report before the Court of the Chief Judicial Magistrate, Ernakulam and the case is numbered as C.C.No.167 of 2023.

In light of the above submission, the Crl.M.C. is dismissed, but without prejudice to the right of the petitioners to challenge the final report or file an application to 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 observations made in this order.

Sd/-

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