High Court Kerala High Court

K.M.Abdul Naser vs State Of Kerala on 8 February, 2008

Kerala High Court
K.M.Abdul Naser vs State Of Kerala on 8 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 533 of 2008()


1. K.M.ABDUL NASER, AGED 37 YEARS,
                      ...  Petitioner
2. K.M.UMAR, AGED 65 YEARS,
3. P.K.MYMOONATH, AGED 55 YEARS,
4. K.M.SHAHIDA, AGED 33 YEARS, D/O. UMAR,

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. T.HAMZA,

3. SHANI, AGED 26 YEARS, D/O. KOYA,

                For Petitioner  :SRI.MANJERI SUNDERRAJ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/02/2008

 O R D E R
                          V.RAMKUMAR,J.
                   =========================
                     CRL.M.C. NO. 533 OF 2008
                   =========================
                Dated this the 8th day of February 2008

                                ORDER

Petitioners, who are the brother-in-law, father-in-law,

mother-in-law and sister-in-law respectively of the de facto

complainant and who are accused Nos.2 to 5 in Crime

No.256/2007 of the Manjeri Police Station and now pending

before the Chief Judicial Maistrate, Manjeri as C.C.221/2007,

seek to quash the entire proceedings including the FIR, final

report and the proceedings before the Magistrate. The aforesaid

crime has been registered for offences punishable under Sections

406 and 498A read with Section 34 IPC.

2. The contentions raised by the petitioners are that the

alleged occurrence did not take place within the limits of the

Manjeri Police Station, but it took place within the jurisdiction of

the Malappuram Police Station but the police officer, who is a

close relative of the de facto complaint was usurping the

jurisdiction and taking over the investigation without having any

authority and it was done at the instance of the de facto

CRL.M.C.533/2008 2

complainant and that the allegations in the complaint do not

prima facie amount to the alleged offences as against the

petitioners.

3. It is too early to consider these contentions by this Court

in a petition under Section 482 Cr.P.C. without the aid of the

prosecution records before this Court. The proper course for the

petitioner would be to move the Magistrate for a discharge.

Accordingly, if the petitioners file a petition for discharge in

absentia through their counsel, the learned Magistrate shall

consider the same and pass appropriate orders without insisting

on the personal appearance of the petitioners.

V.RAMKUMAR, JUDGE

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