Sree Hari v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Crl.MC.No. 4317 of 2014 () --------------------------- MC.NO. 44/2014/C OF SUB DIVISIONAL MAGISTRATE COURT,FORT KOCHI DATED 18-03-2014 ------------- PETITIONER/ACCUSED:

-------------------------------------- SREE HARI, AGED 32 YEARS, S/O.KRISHNAKUMAR, PORATTU BHAVAN, EAST DESOM, CHENGAMANAD VILLAGE.

BY ADV. SMT.MEREENA JOSEPH RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, ON BEHALF OF SUB-INSPECTOR OF POLICE, NEDUMBASSERY AIRPORT POLICE STATION.

2. THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

Crl.MC.No. 4317 of 2014 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX-A1 CERTIFIED ORDER PASSED BY THE SUB DIVISIONAL MAGISTRATE,FORT KOCHI IN M.C.44/14 DATED 18.3.2014. RESPONDENT(S)' ANNEXURES:

NIL ----------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

ALEXANDER THOMAS, J.

================== Crl.M.C.No.4317 of 2014 ================== Dated this the 28th day of July, 2015

O R D E R

The impugned criminal proceedings at Anx.A-1 dated 18.3.2014 and the consequential summons dated 22.4.2014 are those in relation to proceedings under Sec.107 of the Code of Criminal Procedure. The maximum period envisaged for the operation of Sec.107 of the Cr.P.C. shall not exceed one year. In the instant case, the said period of one year, after the issuance of Anx.A-1 order dated 18.3.2104, has expired long ago and therefore the impugned proceedings have become unenforceable by the efflux of time. Accordingly, it is only to be ordered that the impugned proceedings have become unenforceable and infructuous by the efflux of time.

With this observation, the Crl.M.C. stands finally disposed of. Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge

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