IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4219 of 2010()
1. BINU LAL.T,S/O.THANKAPPAN,T.C.22/210,
... Petitioner
Vs
1. STATE OF KERALA,REP.BY THE DIRECTOR,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,FORT
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.C.M.STEPHEN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :10/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4219 of 2010
--------------------------
ORDER
Petitioner, the fifteenth accused, in Crime No.
178/2009 of Pozhiyoor Police Station, filed this
petition under Section 482 of Code of Criminal
Procedure to quash Annexure-A6 final report and for
a direction to the first respondent to file a
report on further investigation under Section 173
(8) of Code of Criminal Procedure, based on
Annexure-A7 representation submitted by him.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
3. Argument of the learned counsel appearing
for the petitioner is that in Annexure-A6 final
report, prosecution case is that out of the stolen
gold ornaments, a part was entrusted to the fourth
accused, who, in turn, entrusted it to the
petitioner and the mahazar prepared while effecting
recovery of those articles reveals that petitioner
CRMC 4219/10 2
was unaware of the fact that they are stolen
articles and in such circumstances, an offence
under Section 411 of Indian Penal Code is not
attracted.
4. Learned Public Prosecutor submitted that
based on Annexure-A7 representation, first
respondent directed further investigation and a
report has already been submitted before the court
seeking permission to investigate the case under
Section 173(8) of Code of Criminal Procedure and
now, the case is being investigated by Deputy
superintendent of Police.
5. In such circumstances, I do not find it
necessary to quash the final report as the aspects
raised by the petitioner are matters, to be looked
into at the time of investigation. Petitioner is
entitled to challenge the final report submitted
under Section 173(2) of Code of Criminal Procedure.
Petition is dismissed.
10th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv