Firoskhan P.K. v. Sub Inspector Of Police, Thamarassery Police Station

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 Crl.MC.No. 431 of 2015 () -------------------------- Crl.Rev.Pet 646/2014 of HIGH COURT OF KERALA CC 327/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,THAMARASSERY ================ PETITIONER/2ND ACCUSED:

----------------------------------------- FIROSKHAN P.K., AGED 42 YEARS S/O.KUNHAMMED, MAKKOTTATHIL HOUSE UNNIKULAM P.O., KELOTH POONOOR, KOZHIKODE.

BY ADVS.SRI.T.G.RAJENDRAN SMT.ANN SUSAN GEORGE RESPONDENT/COMPLAINANT/STATE:

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1. SUB INSPECTOR OF POLICE THAMARASSERY POLICE STATION, 673508.

2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 431 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-I: COPY OF THE FINAL REPORT DATED 1.2.2012. ANNEXURE-II: COPY OF THE CHARGE DATED 5.9.2012. ANNEXURE-III: COPY OF THE ORDER IN CRL.RP 646/2014 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.431 of 2015 --------------------------------------- Dated this the 20th day of February, 2015

O R D E R

The petitioner herein is the 2nd accused in C.C.No.327/2012 of the Judicial First Class Magistrate Court-I, Thamarassery. He challenges the charge framed by the court below against him. But the said charge stands already set aside by this Court as per order dated 02.09.2014 in Crl.R.P.No.646/2014. This Court has directed the court below to frame a proper charge according to law. There is report by the learned Magistrate that the case stands posted to 19.02.2015 for framing charge against the accused Nos.1 to 3, as directed by this Court. In such a situation, this Crl.M.C. need not proceed. This petition to quash the charge which already stands set aside by this Court cannot be entertained.

Accordingly, this Crl.M.C. is dismissed.

Sd/- P. UBAID, JUDGE sd