IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Crl.MC.No. 927 of 2010() ------------------------ ST.5869/2009 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR .................... PETITIONER(S):1ST ACCUSED: ----------------------------------------------- YESUDAS,AGED 24 YEARS, S/O.GEORGE, CHANNEPARAMBUVETTIL, THUNDATHUM KADAVU, VARAPPUZHA,ERNAKULAM DISTRICT. BY ADV. SRI.BEPIN VIJAYAN RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARAPUZHA POLICE STATION, ERNAKULAM. 3. SUPERINTENDENT OF POLICE, ERNAKULAM DISTRICT. R1 TO R3 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.927 of 2010 -------------------------------------- Dated this the 27th day of May, 2010 ORDER Petitioner, who is the accused in Crime No.318/2009 of Varapuzha police station for offences punishable under Sections 279, 337 and 338 of IPC and now pending before the Judicial First Class Magistrate Court, North Parur as S.T.No.5869/2009, seeks to quash Annexure 1 F.I.R and Annexure 3 final report filed by the police in the above case. 2. According to the petitioner no prima facia case is made out, so as to be chargesheeted for the aforesaid offences. 3. It is too early for this court, sitting in the rarefied jurisdiction under Section 482 Cr.P.C to scan the prosecution records and evaluate the same, so as to come to a definite conclusion either way. The proper course for the petitioner would be to make a submission before the Magistrate when the substance of acquisition is read over Crl.M.C. No.927 of 2010 : 2 : to him under Section 251 Cr.P.C in the light of Kamala Rajaram v. State of Kerala [2005 (3) KLT 617]. Reserving the above right of the petitioner this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb