IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Crl.MC.No. 1917 of 2006() ------------------------- .................... CRIME NO.28/06 OF J.F.C.M.-I, PATHANAMTHITTA PETITIONER: ACCUSED NO.2 -------------------------------- ANWAR HUSSAIN RAWTHER, THAYVILAYIL, KOLLAKADAVU P.O., CHENGANNOOR-690 509. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 1917 of 2006 ======================= Dated this the 31st day of March 2009 ORDER Heard the learned counsel appearing for the petitioner and also the learned Public Prosecutor. 2. The petitioner herein is the second accused in Crime No.28/2006 of Koodal Police station, Pathanamthitta, copy of the F.I.R.is produced as Annexure-A which was registered on 25-3-2006. Crime Number noted in this petition is 28/2003 which is apparently a mistake. The prayer in this petition filed under Section 482 of the Code of Criminal Procedure is to quash the proceedings in the F.I.R,Annexure-A filed before the Court of Judicial First Class Magistrate, Pathanamthitta. Though the crime number noted in the allegations in this petition and in the prayer portion also as Crime No.28/2003, the prayer made by the petitioner in respect of the F.I.R.,copy of which is produced as Annexure-A is F.I.R.No.28/2006. CRMC. 1917/2006 -2- The learned Public Prosecutor on instruction submitted that the correct crime number in the present case is 28/2006 wherein the investigation already completed and final report was filed on 19-5-2008 before the Court of Judicial First class Magistrate-I, Pathanamthitta. The learned Magistrate has taken cognizance of the same as C.C.No.217/2008 and is pending before that court. No stay has been granted by this Court in the present Crl.M.C. In the circumstances, the Crl.M.C.is dismissed as infructuous. M.C. HARI RANI JUDGE ks.