IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 3235 of 2011() ------------------------------------ FIR NO.421/2011 OF KADUTHURUTHI POLICE STATION ----------------------- PETITIONER(S)/ ACCUSED --------------------------------------- JAIMON JACOB, AGED 21 YEARS, S/O.JACOB, MATHANKARI HOUSE, EZHUMANTHURUTHU, MUTTUCHIRA, KADUTHURUTHI. BY ADV. SRI.K.R.VINOD RESPONDENT(S)/ COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3235/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE FIR NO.421/2011 OF KADUTHURUTHI POLICE STATION ANNEX A2 COPY OF THE FIRST INFORMATION STATEMENT GIVEN BY THE DEFACTO COMPLAINANT TO THE RESPONDENT ON 07/07/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3235 of 2011 ----------------------------------- Dated this the 14th day of October 2011 O R D E R The FIR was originally laid against one Jibin alleging offences punishable under Secs.452 and 354 IPC (the allegation regarding lurking house trespass at night may attract the first part of Sec.457 IPC and not Sec.452). The petitioner contends that in the FIR no allegation was made against this petitioner nor was it stated that along with Jibin (the person mentioned therein) any other person was present and as such investigation against this petitioner cannot be proceeded with. 2. The fact that in the F.I.Statement, the name of only one person was mentioned is no reason to say that during the investigation, the complicity of other accused should not be found out. If the Investigating Officer finds material to proceed against this petitioner also it would be Crl.M.C. No.3235 of 2011 -: 2 :- open to him to proceed in that line. If on the other hand, the Investigating Officer finds that, that part of the statement (case of the complainant) is not true, then the Investigating Officer will do it accordingly. At this stage, no interference is called for in the investigation which is still pending. Hence, this Crl.M.C. is disposed of with the observation as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt