IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Crl.MC.No. 2567 of 2010() ------------------------- CRIME NO.474/2009 OF KASARAGOD POLICE STATION -------------------------------- PETITIONER(S): ACCUSED: ----------------------- MOHAMMED SALEEL, FAZ MANZIL, ITI ROAD, NARIMARMOOLA, VIDYA NAGAR P.O., KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE, KASARAGOD SRI.T.P.PREMARAJAN. 3. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2567 of 2010 -------------------------------------- Dated this the 15th day of July, 2010 ORDER The petitioner seeks to quash Annexure 1 FIR in Crime No.474/2009 of Kasaragod Police Station registered for an offence punishable under Section 376 IPC for the reason that the occurrence was revealed by the victim during the course of investigation of some other case and also that the petitioner was not initially named by the alleged victim. 2. The learned Public Prosecutor on instructions submitted that, the petitioner is only a suspect and he has not been arrayed as accused in the case yet. Investigation of the case is in progress. In case the petitioner is arrayed as an accused and the police files a final report charge sheeting the petitioner, he will be entitled to challenge the same by recourse to appropriate proceedings. The learned Public Prosecutor has submitted that the petitioner will not be harassed by the police during the course of investigation. The petitioner shall however co-operate with the Investigating Officer in case he is summoned for interrogation. Reserving the above right of the petitioner, this Criminal M.C is disposed of. V.RAMKUMAR, JUDGE dmb