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2025 Supreme(Online)(Ker) 53053

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MOHAMMED RAFI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4649 OF 2021 | CRIME NO.352/2021



Advocates:
For the Appellants/Petitioners: SRI.R.RAJESH (VARKALA), SRI.M.KIRANLAL, SRI.MANU RAMACHANDRAN, SRI.T.S.SARATH, SHRI.SAMEER M NAIR
For the Respondents: PP-SRI.U.JAYAKRISHNAN

A criminal petition can be dismissed as infructuous if the police file a refer report, indicating no further action is required.

Headnote:Statute Analysis: The court addressed a petition regarding Criminal Miscellaneous Case 4649 of 2021 in connection with Crime No.352/2021. Facts: Petitioners contended that a refer report was filed by the Police, rendering the case infructuous.

Findings of Court:
The court concluded that in light of the counsel's submission, the case was dismissed as infructuous.

Issues: The main issue was whether the case could proceed given the filed refer report.

Ratio Decidendi: The court reasoned that the submission led to the conclusion that the case had become infructuous.

Result: This Crl.M.C is dismissed as infructuous.

ORDER

The learned counsel for the petitioner submitted that in this the Police has already filed a refer report and as such this Crl.M.C has become infructuous.

In the light of the above submission, this Crl.M.C is dismissed as infructuous.

Sd/-

C.PRATHEEP KUMAR JUDGE ma/26.11.2025 APPENDIX OF CRL.MC 4649/2021 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF FIR WITH FIS IN CRIME NO.304 OF 2021 OF AYIROOR POLICE STATION.

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