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2026 Supreme(Online)(Ker) 7219
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SURESH BABU S., AGED 50 YEARS SIVASANKARAN NAIR, 'GOURISANKARAM' PUZHAKULANGARA, TALIPARAMBA P.O., KANNUR – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 494 OF 2022
For the Appellants/Petitioners: SRI.V.R.REKESH, SMT.N.E.BINDU
For the Respondents: SR.PP.SMT.SEETHA
Delay in prosecution can render the application for relief moot, while retaining the petitioner's right to seek remedies thereafter.
Headnote:The court examined the provisions under the CrPC and relevant jurisprudence pertaining to recall of non-bailable warrants. It was determined that the request for recall had become moot due to inaction over a significant period. The court found that the Crl.M.C. had outlived its purpose. The primary issue was whether the delay affected the petitioner's rights. The court concluded on dismissal of the petition while ensuring the petitioner retains the right to pursue further remedies.
C.S.DIAS, J.
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CRL.MC No. 494 OF 2022 ------------------------------------------------
Dated this the 3rd day of February, 2026 ORDER The Crl.M.C. is filed to direct the Court of the Judicial Magistrate of First Class, Thalassery to recall the non-bailable warrant issued against the petitioner in CC No.2306/2020, which has originated from Crime No.462/2018 registered by the Thalassery Police Station.
2. Although the Crl.M.C. was filed as early as on 20.01.2022, it was not posted thereafter and no interim order has been passed. As more than four years have lapsed after the filing of the Crl.M.C., I am of the definite view that the Crl.M.C. has outlived its purpose.
Resultantly, this Crl.MC. is dismissed, without prejudice to the right of the petitioner to work out his remedies in accordance with law, if anything subsists.
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