Kerala High Court
Rumais Shoukath M vs State Of Kerala on 6 October, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:73721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
CRL.MC NO. 8708 OF 2025
CRIME NO.573/2024 OF Erattupettah Police Station, Kottayam
IN CC NO.232 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,ERATTUPETTA
PETITIONER/ACCUSED:
RUMAIS SHOUKATH M
AGED 26 YEARS
S/O MOIDU MANNANNOOR HOUSE, CHENNALODU P.O, NEAR
CHENNALODU U P SCHOOL, VYTHIRI VILLAGE, WAYANAD
DISTRICT, PIN - 673576
BY ADVS.
SHRI.ANANTHU P. SANTHOSH
SHRI.AKSHAY HARI
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
SRI. VIPIN NARAYANAN, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:73721
Crl.M.C.No.8708 of 2025
2
ORDER
Dated this the 6th day of October, 2025 Petitioner is the accused in Crime No.573 of 2024 registered at the Erattupettah Police Station for offences punishable under Section 271 of BNS and Section 120(e) of the Kerala Police Act, now pending as C.C No.232 of 2024 on the files of the Judicial First Class Magistrate Court, Erattupettah. The crime is registered suo motu by the Police on the allegation that at 9:30 p.m. on 25.07.2024, the Police party had found the petitioner disposing fish waste by the side of the Pala-Erattupettah road. The Police, after investigation, filed Annexure 3 final report.
2025:KER:73721 Crl.M.C.No.8708 of 2025 3
2. Learned Counsel for the petitioner submits that the further proceedings based on Annexures 1 and 3 is liable to be quashed, since the witnesses to the incident are only policemen and no mention is made in the final report about seizure of any vehicle, contrary to the statement in the F.I.R that the petitioner's vehicle was seized under a mahazar.
3. I heard the learned Public Prosecutor also.
4. In spite of the strenuous attempt by the learned Counsel, I am not inclined to quash the proceedings. The infirmities pointed out are matters to be urged before the trial court and cannot be the ground for invoking the inherent power under Section 528 of BNSS.
2025:KER:73721 Crl.M.C.No.8708 of 2025 4 The Crl.M.C is hence closed, leaving it open for the petitioner to raise all contentions and adduce evidence before the trial court.
Sd/-
V.G.ARUN JUDGE SSK/06/10 2025:KER:73721 Crl.M.C.No.8708 of 2025 5 APPENDIX OF CRL.MC 8708/2025 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.573 OF 2024 OF ERATTUPETTA POLICE DATED 25.07.2024.
Annexure 2 CERTIFIED COPY OF THE WITNESS STATEMENT BY THE CPO IN CRIME NO.573 OF 2024 OF ERATTUPETTA POLICE DATED 26.07.2024. Annexure 3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.573 OF 2024 OF ERATTUPETTA POLICE DATED 26.07.2024.