IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 20691 of 2010(Q) -------------------------- CRIME NO.258/2009 OF NEYYARDAM POLICE STATION ---------------------------------- PETITIONER(S): --------------- CHANDRAN, S/O.RATHNAKARAN, AGED 43 YEARS, ASWATHI BHAVAN, UCHAKKADA, KOTTUKAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, NEYYARDAM POLICE STATION, NEYYARDAM. (CRIME NO.258 OF 2009 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM). BY GOVERNMENT PLEADER MR.C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No. 20691 OF 2010 -------------------------------------- Dated this the 13th day of July, 2010 JUDGMENT Petitioner, who is the 2nd accused in Crime No.258/2009 of Neyyardam Police Station for an offence punishable under Section 8(1) and (2) of Abkari Act for allegedly found in possession of 1.900 Liters of 'arrack' in a Maruti Alto car at 5.15 p.m on 5.11.2009, seeks a direction to quash Ext.P1 FIR or in the alternative to the 2nd and 3rd respondent (The Director General of Police and the Superintendent of Police (Rural), Thiruvananthapuram) to consider and dispose of Ext.P2 request for a proper investigation of Crime No.258/2009 of Neyyardam Police Station. 2. The request for quashing the FIR cannot be granted in a petition filed under Article 226 of Constitution of India. According to the petitioner, he has been falsely implicated by the 4th respondent, the Sub Inspector of Police, Neyyardam Police Station and a proper enquiry W.P(C) No. 20691 OF 2010 : 2 : conducted by a higher officer will clearly reveal the above false implication. Ext.P2 is a representation submitted by the petitioner before the 2nd respondent with a copy to the 3rd respondent (The Superintendent of Police (Rural)). This writ petition is disposed of directing the 3rd respondent to consider and dispose of Ext.P2 representation expeditiously and at any rate within two months of receipt of a copy of this judgment. V.RAMKUMAR, JUDGE dmb