IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 2588 of 2009() ----------------------------------- C.M.P.476/2009 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ................ PETITIONER/ACCUSED --------------------------------- VIVEK B.PAI, MANAGING DIRECTOR, M/S.THEORY BYTES TECHNOLOGIES - PRIVATE LIMITED, T.C. 12/1072-7, OOMMAN'S COMPLEX, PAZHAYA ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011 BY ADV. MR.C.M.STEPHEN RESPONDENTS/COMPLAINANT/STATE ------------------------------------------------------- 1. M.ABDUL KHADER, AGED 58 YEARS, STANDARD HOUSE NORTH STREET, MARTHANDOM, KANYAKUMARI DISTRICT, TAMILNADU. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 4. UNION BANK OF INDIA, THIRUVANANTHAPURAM MAIN BRANCH, M.G.ROAD, THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF MANAGER. R2 & R3 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2588 of 2009 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 FIR, registered on the basis of Annexure-A2 complaint filed by the first respondent and sent to the police for investigation under Section 156(3) of Code of Criminal Procedure by Additional Chief Judicial Magistrate, Thiruvananthapuram. Learned Public Prosecutor submitted that after investigation, a refer report has already been submitted in Crime No.82/2009 of Medical College Police Station. In such circumstances, there is no necessity to quash the FIR as sought for. Petitioner is at liberty to seek discharge before the Magistrate. Petition is dismissed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv