IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3940 of 2006()
1. THOMAS, S/O. VARKEY, AGED 46 YEARS,
... Petitioner
Vs
1. S.I. OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :30/11/2006
O R D E R
R.BASANT, J
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Crl.M.C.No.3940 of 2006
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Dated this the 30th day of November 2006
O R D E R
The petitioner is the informant in Crime No.939/2006 of
Angamali police station registered under Section 324,447 and 427
read with 34 I.P.C. The petitioner has come to this court with this
petition under Section 482 Cr.P.C, complaining about the sections of
offences under which the F.I.R has been registered. The crux of the
grievance is that no crime has been registered under Section 452
I.P.C.
2. I have been taken through the F.I statement in detail (a
copy of the same is produced as Annexure 1). I shall not venture to
make any observation which would prejudice the interests of the
petitioner. Suffice it to say that the officer, who has registered the
F.I.R not showing that the offence under Section 452 I.P.C was also
committed, cannot be said to have committed any indiscretion or
impropriety which would justify or warrant invocation of the
extraordinary inherent jurisdiction under Section 482 Cr.P.C. If, in
the course of the investigation, any other or graver offence than what
is shown in the F.I.R is shown to have been committed, certainly the
investigating officer can and should make appropriate report to the
Crl.M.C.No.3940/06 2
Magistrate to alter the sections in the F.I.R. No specific or special
directions appear to be necessary in the facts and circumstances of
this case.
3. This Crl.M.C is in these circumstances dismissed.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3940/06 3
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006