High Court Kerala High Court

Joe.I.Mangaly vs State Of Kerala on 26 May, 2009

Kerala High Court
Joe.I.Mangaly vs State Of Kerala on 26 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 236 of 2009()


1. JOE.I.MANGALY, S/O.M.K.ITTIERA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP; BY ITS PUBLIC
                       ...       Respondent

2. P.MOIDEEN, PROPRIETOR,AI.AMEEN WOOD

3. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :26/05/2009

 O R D E R
                        C.N.RAMACHANDRAN NAIR, J.
                   ....................................................................
                              Crl. M.C. No.236 of 2009
                   ....................................................................
                     Dated this the 26th day of May, 2009.

                                              ORDER

The petitioner is one of the accused who has filed this petition under

Section 482 of the Cr. P.C. on the ground that FIR is filed against him by

the local Police in violation of Annexure-5 order whereunder this court

ordered enquiry by Crime Branch. I do not think the ground raised by the

petitioner is sufficient to interfere with the FIR launched against him. In

fact, a sales tax fraud was noticed by this court in a writ petition filed by one

person in whose name fraud was committed. Enquiry was ordered by

Crime Branch because the local Police had already filed a report referring

the complaint earlier. Even though there is non-compliance of order of this

court, I do not think the validity of investigation or launching of FIR is

affected on account of violation of the order. The Crl. M.C. is therefore

dismissed.

C.N.RAMACHANDRAN NAIR
Judge
pms