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2026 Supreme(Online)(Ker) 9682

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAMEER – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 3639 OF 2021 | CRIME NO.583/2012



Advocates:
For the Appellants/Petitioners: K.RAKESH
For the Respondents: Sri.C.S.HRITHWIK, SR.PP

The court emphasized the necessity for petitioners to comply with surrender orders before seeking a motion to quash proceedings, underlining adherence to procedural requirements.

Headnote:The petitioner filed a Criminal Miscellaneous Case to quash proceedings in a pending case arising from a police report. The court found non-compliance with its previous order compelling the petitioner to surrender, and therefore declined to use inherent powers under Section 482 CrPC to quash the case. The court directed the petitioners to surrender prior to further legal action, ultimately dismissing the application but allowed for the possibility to refile post-surrender.

Table of Content
1. petition filed to quash ongoing proceedings. (Para 1)
2. the petitioners failed to surrender as directed. (Para 2 , 3)
3. court dismisses crl.m.c. due to non-compliance. (Para 4)

O R D E R

The Criminal Miscellaneous Case is filed to quash all further proceedings in L.P.No.6 of 2018 in in S.C.No.382 of 2017 on the file of the Additional Sessions Judge-III, Manjeri, which has originated from Crime No.583 of 2012 registered by the Tanur Police Station, Malappuram, on the assertion that the co-accused have been acquitted as per Annexure B judgment.

2. When the Crl.M.C. came up for consideration on 10.12.2025, this Court, taking note of the fact that non- bailable warrants have been issued against the petitioners and the case has been transferred to the long pending register, directed the petitioners to surrender before the Trial Court and get themselves enlarged on bail and, thereafter, move this Crl.M.C.

3. By communication dated 14.01.2026, the Trial Court has informed this Court that the accused have not surrendered before the Trial Court and have not got themselves enlarged on bail.

4. In view of the non-compliance of the directions in the order dated 10.12.2025, I am not inclined to exercise the inherent powers of this Court under Section 482 of the Code of Criminal Procedure and quash the proceedings against the petitioners.

In the aforesaid circumstances, I dismiss the Crl.M.C., but by reserving the right of the petitioners to first surrender before the Trial Court and get themselves enlarged on bail and, thereafter, file a fresh Crl.M.C. to quash the proceedings on the very same cause of action.

SD/-

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