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2025 Supreme(Online)(Ker) 56857

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RATHEESH @ RATHEESH KUMAR. N – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3670 OF 2023

Advocates:
For the Appellants/Petitioners: SRI.SREEKANTH S.NAIR, SHRI.SANDEEP P JOHNSON
For the Respondents: PP.SRI.SANAL P. RAJ

The completion of an investigation and the filing of a final report can render a criminal miscellaneous case infructuous.

Headnote:This judgment addresses a Criminal Miscellaneous case filed to quash an FIR alleging offences under specific sections of the Indian Penal Code. The Court determined that the investigation was complete and the final report filed, rendering the Crl.M.C infructuous. Consequently, the Court dismissed the application without prejudice to the petitioner's rights to pursue other legal remedies. As the legal issues presented indicate, the core question involved whether to dismiss the petition based on the completion of investigation and filing of the final report. The Court reasoned that the pending investigation resulted in the application becoming unnecessary, thus, leading to dismissal of the case. Resultantly, the Crl.M.C is dismissed as infructuous, without prejudice to the right of the petitioner to work out his remedies in accordance with law.

Table of Content
1. quashing of fir based on investigation status. (Para 1)
2. observation regarding investigation completion. (Para 2)
3. final dismissal of the crl.m.c. (Para 3)

ORDER

The Criminal Miscellaneous case is filed to quash Annexure A1 FIR in Crime No.105/2023 registered by the Kakkur Police Station, Kozhikode, as against the accused persons for allegedly committing offences punishable under Section s 341 and 323 r/w Section 34 of the Indian Penal Code .

2. Even though the Crl. M.C., came up for consideration on 09.05.2023, this Court did not stay further proceedings in the crime.

3. Today when the Crl.M.C came up for consideration, the learned Public Prosecutor, on instructions, submits that, investigation in the case is complete and final report has been filed 31.03.2023 before the Court of the Judicial First Class Magistrate-III, Kozhikode.

In light of the filing of the final report, I am of the view that the Crl.M.C has become infructuous.

Resultantly, the Crl.M.C is dismissed as infructuous, without prejudice to the right of the petitioner to work out his remedies in accordance with law.

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2025 Supreme(Online)(Ker) 56857

IN THE HIGH COURT OF KERALA AT ERNAKULAMC.S.DIAS, JRATHEESH @ RATHEESH KUMAR. N – AppellantVersusSTATE OF KERALA – RespondentCRL.MC NO. 3670 OF 2023

The completion of an investigation and the filing of a final report can render a criminal miscellaneous case infructuous.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RATHEESH @ RATHEESH KUMAR. N – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3670 OF 2023