This criminal miscellaneous case is filed by the 3rd accused in Crime No.228/2009 of Kanakakkunnu police station, to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code'). 2. It is alleged in the petition that, the petitioner has been arrayed as 3rd accused in Crime No.228/2009 of Kanakakkunnu police station, alleging commission of the offence under Section 379 of the Indian Penal Code, which was registered on the basis of the statement given by the 2nd respondent as defacto- complainant. Now, no investigation has been conducted so far properly and the defacto-complainant in fact has no interest in proceeding with the case as well. Though five years have been lapsed after the registration of crime, neither U.N. report nor final report filed. The petitioner’s Crl.M.C.No. 671 / 2014 2 father is working in Jeddah,KSA, and on account of the registration of the crime he is not able to go abroad and seek better employment. So he has no other option, except to approach this court, seeking the following relief:
i. Call for the records pertain to Annexure-A1 of Kanakakkunnu police station crime No.228/2009 and quash the same;
ii. To grant such other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
3. The Sub Inspector of police, Kanakakkunnu station, filed a report stating that, they have already completed the investigation and final report has been filed. A report has been called for from the Judicial First Class Magistrate Court-I, Harippad, regarding this aspect and accordingly, learned magistrate sent a report, which reads as follows:
“In obedience to the Official Memorandum referred above, I may humbly report that final report has been filed in crime No.228/2009 of Kanakakkunnu police station on 5.6.14. The case was taken into file as CC.457/14. Cognizance has been taken for offences punishable u/s 109, 379 and 201 r/w 34 IPC. The case now stands posted to 29.10.2014, for return of summons.
The matter is reported before the Hon'ble High Crl.M.C.No. 671 / 2014 3 Court of Kerala for favour of kind consideration.”
4. In the report it was mentioned that, final report has been filed in Crime No.228/2009 of Kanakakkunnu police station on 05.06.2014 and it was taken on file as C.C. 457/2014 and it is posted to 29.10.2014 for return of summons sent to the accused.
When this was pointed out to the counsel for the petitioner, the counsel for the petitioner submitted that, the above submission may be recorded and the petition may be disposed of. Accordingly, the report of the learned magistrate and the submission of the learned counsel for the petitioner are recorded and the petition is disposed of accordingly.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss