IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 19184 of 2009(Q) --------------------------------------- CRIME NO.29/1996 OF CHALISSERY POLICE STATION, PALAKKAD. ...................... PETITIONER(S): ---------------------- MUHAMMED SHERIF N.V., S/O. LATE KUNJIMARAKKAR, NADUVILAVALAPPIL HOUSE, KAPPOOR POST, KUMARANELLUR VIA, PALAKKAD DISTRICT, PIN-679 352. BY ADV. MR.C.A.CHACKO SMT.C.M.CHARISMA MR.N.A.SHAFEEK RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE. 4. THE PASSPORT OFFICER, PASSPORT OFFICE, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.S.U. NAZAR. R3 & R4 BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SG MR.C.S.AJITH PRAKASH, CGC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.19184 OF 2009 ------------------------------------------ Dated 1st December 2009 JUDGMENT Petition is filed under Article 226 of Constitution of India for a direction to quash Ext.P2 FIR in crime No.29/1996 of Chalisseri police station registered for the offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code and Section 3(1)x of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act contending that even though FIR was registered on 18/2/1996, final report has not been filed and consequent to the registration of the crime, application filed by the petitioner for passport was rejected on the ground of pendency of the case as revealed in Ext.P1 and therefore, the case is to be quashed. 2. Assistant Sub Inspector of Police, Chalisseri police station filed a statement to the effect that after completing investigation a final report was filed before the Sessions court on 2/9/1996 Wpc 19184/09 2 but it was returned and later it could not be traced out and with notice to the petitioner, charge sheet and connected papers with an affidavit was submitted before the session court, Palakkad on 21/8/2009 and it was returned with a direction to submit it to Judicial First Class Magistrate, Pattambi as case is to be committed to the Sessions court and thereafter records were submitted to the learned Magistrate. 3. When learned counsel appearing for the petitioner asserted that final report is not received at the Magistrate's court, Pattambi, a report was called for from the learned Magistrate. A report is submitted by the Magistrate that final report has already been filed and offence has been taken cognizance in C.P.49/2009. In such circumstances, granting liberty to the petitioner to raise all the contentions before the Sessions court and seek an order of discharge under Section 227 of Code of Criminal Procedure, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.