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2025 Supreme(Online)(Ker) 53552

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SATHEE BAI C – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4049 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.P.K.NIJOY, SRI.REJOICE B.CHEMBAKASSERIL
For the Respondents: PP.SRI.SANAL P. RAJ

Procedural relevance of expert opinion applications deemed infructuous following discharge.

Headnote:The Court analyzed the application challenging the order of the Judicial First Class Magistrate dismissing an application for expert opinion, emphasizing the procedural relevance under applicable laws. The dismissal was based on the respondent's prior discharge by the court. The main issue addressed was whether the appeal held merit following the discharge. The court concluded that the appeal was infructuous due to the discharge of the second respondent. Accordingly, the Crl.M.C is dismissed.

Table of Content
1. application was filed challenging an order for expert opinion. (Para 1)
2. the court acknowledged the submission regarding discharge of the respondent. (Para 2)
3. concluded that the matter was deemed infructuous. (Para 3)

O R D E R

Dated this the 26th day of November, 2025 The Criminal Miscellaneous Case is filed assailing the order dated 28.07.2021 in C.M.P.No.184/2021 in C.C.No.418/2015 passed by the Court of the Judicial First Class Magistrate, South Paravur, Kollam, dismissing an application to send specimens for expert opinion.

2. Heard.

3. The learned Public Prosecutor, on instructions, submits that, the 2nd respondent has already been discharged by the above court.

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

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