High Court Kerala High Court

Ismail K. vs Sub Inspector Of Police on 9 July, 2010

Kerala High Court
Ismail K. vs Sub Inspector Of Police on 9 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2596 of 2010()


1. ISMAIL K., S/O. IBRAHIMKUTTY,
                      ...  Petitioner
2. K.IBRAHIMKUTTY, KANGUMPURATH HOUSE,

                        Vs



1. SUB INSPECTOR OF POLICE, AMBALAVAYAL
                       ...       Respondent

2. STATE REP.BY PUBLIC PROSECUTOR, HIGH

3. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,

4. JOINT CHIEF CONTROLLER OF EXPLOSIVES,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :09/07/2010

 O R D E R
                                   V. RAMKUMAR, J.
                           = = = = = = = = = = = = = =
                              Crl.M.C. No.2596 of 2010
                           = = = = = = = = = = = = = = =
                                   Dated: 09.07.2010
                                        ORDER

Petitioners, who are the accused in Crime No.191/2010 of

Ambalavayal Police Station for an offence punishable under

Section 5 of the Explosives Substance Act seeks to quash

Annexure I FIR 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 petitioners

is prima facie false and that FIR 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 petitioners

and in case grounds exist to assail the charge sheet, the

petitioners may work out their remedies by moving the

appropriate court. The petitioners shall produce the documents

in his custody before the Investigating Officer, who shall

consider the same during the course of investigation.

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

unnecessarily harass the petitioners during investigation.

Dated this the 9th day of July , 2010
V. RAMKUMAR,
(JUDGE)
sj