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2026 Supreme(Online)(Ker) 4413

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9741 OF 2023 | CRIME NO.889/2023



Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL
For the Respondents: SMT.C. SEENA

A Criminal Miscellaneous Case is rendered moot if referral to a higher court occurs after police investigation.

Headnote:In the context of CRL.MC NO. 9741 OF 2023 regarding Crime No.889/2023, the petitioner sought the quashing of the First Information Report. The learned Public Prosecutor indicated that the investigation had led to a referral to the Additional Sessions Court, resulting in the case becoming infructuous. The court framed the question of whether the FIR could still stand under these circumstances. The reasoning was predominantly centered on the procedural developments that rendered the petition moot. The final decision is that the Criminal Miscellaneous Case is dismissed as infructuous.

Table of Content
1. quashing of fir (Para 1)
2. police referral and its implications (Para 2)

ORDER

Dated this the 27th day of January, 2026 The petitioner, who is the accused in Crime No.889 of 2023 of Kuthiathode Police Station, filed this Crl.M.C, praying for quashing Annexure A1 First Information Report in the above crime.

2. The learned Public Prosecutor, upon instructions submitted that, in this case, the Police, after investigation, filed a report referring the case with number R.C.21 of 2023 before the Additional Sessions Court, Alappuzha.

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

Sd/-

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