IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Crl.MC.No. 3186 of 2011() -------------------------------------- (CRIME NO.852/11 OF THODUPUZHA POLICE STATION,IDUKKI) ...... PETITIONER(S): ACCUSED: ----------------------------------------- NISAMUDHEEN,AGED 35 YEARS, S/O.MUHAMMED, PULICHUKUNNEL (H), VADAKKUMURY,THODUPUZHA. BY ADV. SRI.L.RAJESH NARAYAN IYER RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,THODUPUZHA POLICE STATION,IDUKKI, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. NAJEB,AGED 37 YEARS,S/O.ABDUL KHADER, MATTEL HOUSE,VELIYAMATTAM VILAGE, EDAVETTY. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3186/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE FIR IN CRIME NO.852/11 OF THE THODUPUZHA POLICE STATION, IDUKKI. ANNEX.B: COPY OF THE STATEMENT DTD. 23/06/11. ANNEX.C: COPY OF THE REPORT DTD. 24/06/11. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.S.GOPINATHAN, J -------------------------------- Crl.M.C.No.3186 OF 2011 ---------------------------------------- Dated this the 16th day of September, 2011 O R D E R This is a petition filed under Section 482 of the Code of Criminal Procedure seeking an order to quash Annexure-A first information report in Crime No.852 of 2011 of the Thodupuzha Police Station, Idukki. Going by Annexure-A, it is seen that on the basis of a statement given by one Najeeb, the above case was seen registered against the petitioner for offence under Section 406/420 IPC. According to the learned counsel for the petitioner, the aggrieved person has not come forward with a compliant and that no offence is made out against the petitioner. On the other hand, the learned Public Prosecutor submitted that police is investigating the offence. In the event, no offence is made out, they would file a refer report. It is pertinent to note that the petitioner has no complaint that he was any way harassed or disturbed by the investigating officer or that the investigation is any way vitiated so as to rush to this Court with a petition under Section 482 of the Code of Criminal Procedure. The petitioner can wait for a final report under Section 173 of Cr.P.C. Crl.M.C.No.3186 OF 2011 2 2. In the above circumstances, I find no merit in the petition. This petition is disposed of with direction to the investigating officer to complete the investigation and file a final report at the earliest. In the event the presence of the petitioner is required for the purpose of investigation, the investigating officer shall give a notice to the petitioner. The petitioner is also at liberty to move for bail, in the event, he had got any apprehension that he would be arrested by the investigating officer. The petition is disposed of above. P.S.GOPINATHAN, JUDGE mns