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2026 Supreme(Online)(Ker) 22208

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANOOBSHA – Appellant
Versus
AISHA C.K – Respondent
CRL.MC NO. 6456 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.SHIBU VARGHESE, SHRI.DHILJITH A. SASI
For the Respondents: SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

A criminal miscellaneous case becomes infructuous if the petitioner fails to provide necessary documentation and if significant time has elapsed without action.

Headnote:The petitioner filed a Criminal Miscellaneous Case seeking to recall an arrest warrant issued against him in M.C.No.15 of 2023. The court noted that the case had not been admitted due to the lack of a physical copy of the petition and determined that it had outlived its purpose. The court dismissed the case as infructuous while allowing the petitioner to pursue further remedies. Hence, the Crl.M.C. was dismissed on account of its futility.

Table of Content
1. filing of a criminal miscellaneous case for recalling an arrest warrant. (Para 1)
2. infructuous if documentation is lacking and time elapsed. (Para 2)

O R D E R

The Criminal Miscellaneous Case is filed to direct the Court of the Judicial Magistrate of First Class-I, Perumbavoor, to recall the warrant of arrest that has been issued against the petitioner in M.C.No.15 of 2023 and seeks stay of the matter.

2. Although the Crl.M.C. was filed on 18.07.2025, the petitioners have not produced the physical copy, this Court has not admitted the case and no interim order has been passed.

At this distance of time, I am of the view that the Crl.M.C.

has outlived its purpose. Resultantly, the Crl.M.C. is dismissed as infructuous, but by reserving the right of the petitioner to workout his remedies, if there is any subsisting grievance.

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