High Court Kerala High Court

Anil vs The State Of Kerala on 4 September, 2007

Kerala High Court
Anil vs The State Of Kerala on 4 September, 2007
       

  

  

 
 
  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.
                        ----------------------
                     Crl.M.C.No.2606 of 2007
                    ----------------------------------------
             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

Crl.M.C.No.2606/07    3

Crl.M.C.No.2606/07    4

       R.BASANT, J.




         CRL.M.CNo.




            ORDER




21ST DAY OF MAY2007