IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3998 of 2008()
1. ABDUL RAZZAK SHAH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/10/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3998 of 2008
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Dated this the 24th day of October 2008
O R D E R
Petitioners are accused 3 to 5 in a crime registered under
Section 498A I.P.C. The crime has been registered on the basis
of a private complaint filed by the de facto complainant before
the learned Magistrate and referred by the learned Magistrate to
the police under Section 156(3) Cr.P.C. Investigation is in
progress. Petitioners are on bail, it is submitted.
2. At this juncture, the petitioners have come before this
court with a prayer that powers under Section 482 Cr.P.C may
be invoked to quash the proceedings against the petitioner. It is,
of course, trite that powers under Section 482 Cr.P.C are so wide
in its sweep as to clothe this court the powers to quash an F.I.R
in an appropriate case where the interests of justice compellingly
demand such a course. The learned counsel for the petitioners
contends that there is a mechanical reference of the complaint to
the police under Section 156(3) Cr.P.C by the learned Magistrate
unmindful of the pernicious consequence which a person arrayed
as an accused will have to suffer on the basis of such reference.
Crl.M.C.No.3998/08 2
Be that as it may, I take note of the fact that the F.I.R has been
registered. Investigation is already in progress and the
petitioners have already enlarged on bail. It is not necessary, in
the facts and circumstances of this case, to go into the larger
question whether reference under Section 156(3) Cr.P.C was
correct or not.
3. I am satisfied, in the facts and circumstances of this
case, that powers under Section 482 Cr.P.C do not deserve to be
invoked. I need only mention that the police must make every
endeavour to complete the investigation as expeditiously as
possible and submit the final report. The option of the
petitioners to challenge the final report, if the final report is
against them, shall remain unfettered by the the dismissal of this
Crl.M.C.
4. This Crl.M.C is in these circumstances dismissed.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3998/08 3
Crl.M.C.No.3998/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008