IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2606 of 2007()
1. ANIL, S/O.VISWANATHAN,
... Petitioner
2. ANAND, S/O.VISWANATHAN,
3. AMBILI, D/O.VISWANATHAN,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/09/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2606 of 2007
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Dated this the 4th day of September 2007
O R D E R
The petitioners are accused 1 to 3 in crime No.158/07 of
Manimala police station. The petitioners have come to this court
with the grievance that the said crime was registered against
them with oblique motives with the transparent intention of
vexing and harassing the petitioners. They pray that powers
under Section 482 Cr.P.C may be invoked and the F.I.R may be
quashed.
2. The learned Public Prosecutor, on instructions,
submits that the petition is hopelessly belated. The investigation
is already complete. Final report was already filed on
30/07/2007 and in these circumstances the prayer made in this
petition filed on 7/8/2007 to quash the F.I.R is without any basis.
3. I find merit in the stand taken by the learned Public
Prosecutor. It is for the petitioners, if they are aggrieved by the
filing of the final report to claim discharge/dropping of
proceedings in accordance with law. Reserving the liberty of the
Crl.M.C.No.2606/07 2
petitioner to raise such contentions and to challenge the final
report, this Criminal Miscellaneous Case can in these
circumstances be dismissed, I am satisfied.
4. The Learned counsel for the petitioners makes a
further grievance that in the course of investigation the
investigating officer had resorted to highhanded unjustified
methods. If that be so, it is for the petitioner to seek appropriate
relief against such conduct of the petitioner before appropriate
authorities. Admittedly, except filing this Criminal
Miscellaneous Case, no steps have been taken to complain
against any such alleged action by the investigating officer . No
direction, I am satisfied, need in these circumstances be issued
in this Criminal Miscellaneous Case on that aspect also.
5. In the result, this petition is dismissed but subject to
the above observations.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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Crl.M.C.No.2606/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007