IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1872 of 2010()
1. JANARDHANAN K.V., S/O.AANDI, AGED
... Petitioner
2. ARACKAL AHAMMED KOYA,
3. SUGUNAN, S/O.NAYADIKANDAN, AGED 60
4. AJITHKUMAR, S/O.SUGUNAN, AGED 35 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
2. MALU, W/O.RAMANKUTTY, AGED 72 YEARS,
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :31/05/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.1872 of 2010
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Dated this the 31st day of May, 2010
ORDER
Petitioners, who are the accused in Crime No.119/2010 of
Medical College Police Station, Kozhikode for offences
punishable under Sections 420,406,418,120(B) and 506(ii) read
with 34 IPC and Section 3(1)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, seek to
quash Annexure -2 FIR and all further proceedings.
2. According to the petitioners, Annexure-4 Sale Deed
dated 27.12.2002 was preceded by Annexure-3 agreement for
sale dated 22.11.2002, both executed by the de facto
complainant/2nd respondent and it is 8 years thereafter that she
has filed the present complaint alleging that she was made to
believe that it was not a sale deed. The petitioners would have it
that the de facto complainant was making a clean somersault
with a view to make unjust enrichment out of the transaction.
3. The investigation of the case is still in the nascent
stage. It is too early for this Court to quash the complaint and
the FIR. In case the Police, after investigation, file a final report,
Crl. M.C. No. 1872 of 2010
2
charge sheeting the petitioners, they may work out their
remedies before the appropriate forum.
This Crl.M.C is disposed of directing the Police not to
unnecessarily harass the petitioner during the investigation
especially, when arrest under Section 157 Cr.P.C is discretionary
and need be made only when it is necessary.
Dated this the 31st day of May, 2010.
V. RAMKUMAR, JUDGE
sj