IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 533 of 2008()
1. K.M.ABDUL NASER, AGED 37 YEARS,
... Petitioner
2. K.M.UMAR, AGED 65 YEARS,
3. P.K.MYMOONATH, AGED 55 YEARS,
4. K.M.SHAHIDA, AGED 33 YEARS, D/O. UMAR,
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. T.HAMZA,
3. SHANI, AGED 26 YEARS, D/O. KOYA,
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/02/2008
O R D E R
V.RAMKUMAR,J.
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CRL.M.C. NO. 533 OF 2008
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Dated this the 8th day of February 2008
ORDER
Petitioners, who are the brother-in-law, father-in-law,
mother-in-law and sister-in-law respectively of the de facto
complainant and who are accused Nos.2 to 5 in Crime
No.256/2007 of the Manjeri Police Station and now pending
before the Chief Judicial Maistrate, Manjeri as C.C.221/2007,
seek to quash the entire proceedings including the FIR, final
report and the proceedings before the Magistrate. The aforesaid
crime has been registered for offences punishable under Sections
406 and 498A read with Section 34 IPC.
2. The contentions raised by the petitioners are that the
alleged occurrence did not take place within the limits of the
Manjeri Police Station, but it took place within the jurisdiction of
the Malappuram Police Station but the police officer, who is a
close relative of the de facto complaint was usurping the
jurisdiction and taking over the investigation without having any
authority and it was done at the instance of the de facto
CRL.M.C.533/2008 2
complainant and that the allegations in the complaint do not
prima facie amount to the alleged offences as against the
petitioners.
3. It is too early to consider these contentions by this Court
in a petition under Section 482 Cr.P.C. without the aid of the
prosecution records before this Court. The proper course for the
petitioner would be to move the Magistrate for a discharge.
Accordingly, if the petitioners file a petition for discharge in
absentia through their counsel, the learned Magistrate shall
consider the same and pass appropriate orders without insisting
on the personal appearance of the petitioners.
V.RAMKUMAR, JUDGE
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