IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2993 of 2007()
1. P.VIKRAMAN, AGED 41 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. JOSEPH FERNANDEZ, MANAGING TRUSTEE,
For Petitioner :SRI.S.ABHILASH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/03/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.2993 of 2007
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Dated this the 3rd day of March, 2008
ORDER
Heard the learned counsel for the petitioner, the learned
counsel for the 2nd respondent-complainant and the learned
Public Prosecutor .
2. The prayer of the petitioner is to quash Annexure A1
complaint and Annexure A2 FIR in crime No.655/2007 of
Kundara Police Station, Kollam.
3. The 2nd respondent- complainant had initially filed a
private complaint before the J.F.C.M-1, Pathanamthitta against
the revision petitioner and another alleging offences punishable
under Section 420,468 and 469 read with 34 IPC. That
complaint was forwarded to the Koodal Police which registered
Crime No.69 of 2006 for the aforesaid offences. Subsequently,
the Koodal Police referred the case and filed a report to that
effect before the Magistrate. As per order dated 26.11.07 in
Crl.M.P.No.5916 of 2007 of J.F.C.M-I, Pathanamthitta, further
investigation under Section 173(8) has been ordered in that
crime.
Crl.M.C.No. 2993 of 2007
2
4. In the meanwhile the 2nd respondent-complainant filed
another complaint before the J.F.C.M-I, Kollam which was also
got referred to the Kundra Police, which registered Crime
No.655/2007. Annexure A1 is the complaint filed before the
Kollam Magistrate. When the 2nd respondent’s complaint, which
is lodged in the Koodal Police Station as Crime No.69 of 2006 is
under further investigation, there cannot be a parallel
investigation conducted by another Police. That may be the
reason why the Kundara Police itself referred crime No.655 of
2007. The learned Public Prosecutor also submitted that the
Kundra Police had thereby dropped all further investigation in
Crime No.655 of 2007. The said submission of the learned
Public Prosecutor is recorded and if so, the petitioner cannot
have any subsisting grievance with regard to the crime
registered by the Kundra Police.
This Crl.M.C is disposed of recording the submission made
by the learned Public Prosecutor.
V. RAMKUMAR, JUDGE
sj /True Copy/
P.A To Judge