IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 Crl.MC.No. 3941 of 2006(R) -------------------------- PETITIONERS: ------------------- 1. RADHAKRISHNAN, S/O.MADHAVAN, AGED 27 YEARS, NANDHYODU HOUSE, CHITTOOR, PALAKKAD, NOW RESIDING AT ALAN PARK TELE MARKETING HOUSE NO.7, JYOTHI NAGAR HOUSING COLONY, CHALAKKUDY. 2. ANIL P.B., S/O.K.BASKARAN, AGED 25, PUTHUPARAMBIL, VAYATTUPUZHA P.O., MEENKUZHI, PATHANAMTHITTA. NOW RESIDING AT ALAN PARK TELE MARKETING HOUSE NO.7, JYOTHI NAGAR HOUSING COLONY, CHALAKKUDY. 3. BINU K.N., S/O.K.R.MOHANAN, AGED 24 KURAJALIL HOUSE, CHERUPUZH P.O., KANNUR, NOW RESIDING AT ALAN PARK TELE MARKETING HOUSE NO.7, JYOTHI NAGAR HOUSING COLONY, CHALAKKUDY. BY ADV. SRI.K.R.VINOD RESPONDENTS: ---------------------- 1. S.I.OF POLICE CHALAKKUDI POLICE STATION, CHALAKKUDI. 2. K.K.JOSE S/O.KUNJUVAREED, KAPPANI HOUSE, VALLIKKUNNU P.O. VARANTHARAPPALLY, THRISSUR. 3. JOY, THE PROPRIETOR, M/S.WINNING EXPRESS, DOOR NO.20/130, CHALAKKUDI. 4. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.M.C.No.3941of 2006 ---------------------------------------- Dated this the 30th day of November 2006 O R D E R In this petition filed under Section 482 Cr.P.C, the petitioner makes a grievance that a proper F.I.R has not been registered on the basis of the F.I statement lodged by him (copy of the F.I statement is produced as Annexure 1, copy of F.I.R is produced as Annexure 2). According to the petitioner, the police officer, who had registered the F.I.R has erred grossly in not registering the crime under Section 452 I.P.C. 2. I shall not encumber the records with any unnecessary observation on merits in detail, which might prejudice the interests of the petitioner at later stages. Suffice it to say that I have been taken through the F.I statement in detail. I do not find that any indiscretion or impropriety warranting the invocation of the extraordinary inherent jurisdiction under Section 482 Cr.P.C has been committed by the said police officer in not registering the crime under Section 452 I.P.C. If, in the course of the investigation any other or graver offence is revealed, certainly the investigating officer must file an appropriate report to the learned Magistrate to apprise the learned Magistrate that investigation is proceeding for those sections of offences also. No special or specific directions in that regard appears to be necessary. 3. In the result, this Crl.M.C is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3941/06 2 Crl.M.C.No.3941/06 3 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006