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2025 Supreme(Online)(Ker) 56562

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
N.M POULOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.N.RAJESH, SHRI.GOPAKUMAR P.
For the Respondents: PUBLIC PROSECUTOR

Table of Content
1. petitioner challenges trial court's dismissal. (Para 1)
2. court's ruling on investigating officer's rights. (Para 2 , 5)
3. argument regarding the purpose of the application. (Para 3 , 4)

O R D E R

The petitioner is the defacto complaint in Crime No.1121 of 2024 registered by the Kunnathunadu Police Station, Ernakulam against the additional respondents 3 to 6. During the course of investigation, the petitioner filed Annexure A5 petition under Section 175 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (' BNSS ', in short) before the Court of the Judicial Magistrate of First Class, Kolenchery ('Trial Court', in short) seeking further investigation in the case and to get a report. Subsequent to the filing of Annexure A5 petition, the Investigating Officer filed Annexure A4 final report. However, by Annexure A6 order, the Trial Court dismissed Annexure A5 petition on the ground that there was no scope for further investigation since Annexure A4 final report was filed.

Annexure A6 order is patently wrong and erroneous.

Hence, the Crl.M.C.

2. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the respondents 3

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