IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 608 of 2008() ------------------------ CRIME NO.43 OF 2006 OF PALLICKAL POLICE STATION PETITIONER: -------------------- K.SASIKUMAR, SON OF KUTTAPPAN PILLAI RESIDING AT KUNNUVILA VEEDU, KESAVAPURAM NAGAROOR P.O., TRIVANDRUM, REP. BY POWER OF ATTORNEY HOLDER VIKRAMAN PILLAI SANTHOSH NILAYAM, KARIMANCODE, PERINGAMMALA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------------------- 1. PRAMEELA KUMARY C.S., RESIDING AT PARAVILA VEEDU, PAKALKURI P.O. TRIVANDRUM. 695604. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.608 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of February, 2008 ORDER The petitioner, who is the sole accused in Crime No.43 of 2006 of Pallickal Police Station, for an offence punishable under Section 498A IPC, seeks to quash Annexure V-FIR and all other proceedings against him. 2. Admittedly, pursuant to Annexure V-FIR, the investigation of the case is in progress. It is too early to accept the petitioner's contention that the allegations in the F.I statement do not prima facie make out the offence punishable under Section 498A IPC. If, after investigation, the Police file a charge sheet against the petitioner, the petitioner can very well make his request before the appropriate Forum and assail the charge sheet, in case it does not contain the necessary allegations to make out the offence registered against the petitioner. I am not inclined to quash the FIR and stay the investigation, pursuant to the registration of the FIR. Crl.M.C.No. 608 of 2008 2 Accordingly, without prejudice to the right of the petitioner to approach the appropriate Forum at the appropriate stage, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge