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2026 Supreme(Online)(Ker) 6932

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


Advocates:
For the Appellants/Petitioners: ADV SHRI.P.K.ANIL
For the Respondents: SR PP SMT SEETHA S

ORDER

The criminal miscellaneous case is filed to quash Annexure-A1 notice issued by the Court of the Judicial Magistrate-11, Calcutta.

2. The petitioner has stated in the Crl.M.C that he is the resident of Malappuram. He had certain financial transactions with the 3rd respondent for purchasing a vehicle. However, the vehicle was forcefully taken away by the 3rd respondent which led to the registration of Crime No.340/2020 by the Manjeri Police Station at the instance of the petitioner. Nonetheless, the has not been traced out. Aggrieved by the inaction on the part of the Investigating Officer, the petitioner had filed W.P. (C) No.7702/2021. By Annexure-A2 judgment, this Court directed the Investigating Officer to take earnest efforts to trace out the vehicle. Now the 3rd respondent has frivolously initiated criminal proceedings before the above Court in Calcutta, which has issued Annexure-A1 notice, directing the petitioner to appear on 26.02.2026. Annexure-A1 notice is a sheer abuse of the process of the law. Hence, this Court may quash Annexure-A1 notice.

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

4. Indisputably, Annexure-A1 notice h

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