High Court Kerala High Court

Nithin Raj M.R vs State Of Kerala on 16 August, 2010

Kerala High Court
Nithin Raj M.R vs State Of Kerala on 16 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2959 of 2010()


1. NITHIN RAJ M.R.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. UMESH, S/O.UNNIKRISHNAN, AGED 21 YEARS

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :16/08/2010

 O R D E R
                        V.RAMKUMAR, J.
                ----------------------------------------
                   Crl.M.C.No.2959 of 2010
                ----------------------------------------
          Dated this the 16th day of August, 2010

                               ORDER

Petitioner, who is the fourth accused in Crime

No.476/2010 of Munambam Police Station for offences

punishable under Sections 323, 324 & 308 read with

Section 34 I.P.C and Section 27 of the Arms Act, seeks to

quash Annexure-1 F.I.R. and all further proceedings.

2. It is too early for this Court, in a petition under

Section 482 Cr.P.C, to consider whether the case against

the petitioner is prima facie false and that F.I.R. is liable

to be quashed and investigation is liable to be stayed. In

case the Police, after investigation, files a final report

charge-sheeting the petitioner and in case grounds exist

to assail the charge sheet, the petitioner may work out his

remedies by moving the appropriate court.

This Crl.M.C is disposed of directing the Police not

to unnecessarily harass the petitioner during

Crl.M.C.No.2959/2010
: 2 :

investigation.

In case the petitioner makes an application for

return of Annexure-2 affidavit, the same shall be returned

after substituting the same with a photostat copy.

V.RAMKUMAR, JUDGE

skj