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. 3177 of 2011() ------------------------- PETITIONER/ACCUSED: ----------------- K.P.RAJEEV PARAMESWARAN NAMBOOTHIRI, AGED 43 YEARS, S/O. LATE K.P.PARAMESWARAN NAMBOOTHIRI, EDATHIRINJI MANA, P.O.ARIPPALAM, (VIA)IRINJALAKKUDA, THRISSUR DISTRICT-680 688. BY ADV. SMT.C.G.PREETHA RESPONDENT/ RESPONDENT & STATE --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. RATHEESH, AGED 30 YEARS, S/O. SOMASEKHARAN, MAYATT HOUSE, ALUVA TALUK, CHANGAMANAD VILLAGE, PIN-683 101. 3. GIRIJA, AGED 24 YEARS, W/O. RATHEESH, MAYATT HOUSE, ALUVA TALUK, CHANGAMANAD VILLAGE, PIN-683 101. PUBLIC PROSECUTOR, SRI. SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.No.3177/2011 APPENDIX ANNEXURE-I: COPY OF THE FIR NO.195/2010 OF KATTOOR POLICE STATION. ANNEXURE-II: COPY OF THE CHARGE SHEET IN CRIME NO.195/2010 OF KATTOOR POLICE STATION. ANNEXURE-III: COPY OF THE FIR NO.196/2010 OF KATTOOR POLICE STATION. ANNEXURE-IV: COPY OF THE PETITION DT.20102010 AS C.M.P.NO.848/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA. ANNEXURE-V: COPY OF THE COMPLAINT DT.19.4.2010. ANNEXURE-VI: COPY OF THE COMPLAINT DT.6.10.2010. //TRUE COPY// PA TO JUDGE P.S.GOPINATHAN, J. ---------------------------------- Crl.M.C.No. 3177 OF 2011 ------------------------------------ Dated this the 16th day of September, 2011 O R D E R ~~~~~~~ This is a petition under Section 482 of the Code of Criminal Procedure seeking an order to quash Annexure-I First Information Report in Crime No.195/2010 of the Kattoor Police Station with allegation that the case was registered on the basis of a false complaint. 2. Having heard Smt.C.G.Preethi, learned counsel appearing for the petitioner and perusing the records produced it is seen that the police after investigation had filed Annexure-II charge sheet against the petitioner and another alleging offence under Sections 341, 323, 325, 294(b), 506(1), and 354 read with 34 IPC. Admittedly, the Magistrate has to resort to the procedure prescribed under Chapter XIX Cr.P.C. for trial. Therefore, in the event no offence is disclosed by the statement of the witnesses recorded during the investigation, the petitioner can move the trial court for a discharge under Section 239 of the Code of Criminal Procedure. Crl.M.C.No.3177/2011 2 In the above circumstance, I find no merit in this petition. This petition is therefore dismissed with liberty to the petitioner to move the trial court for a discharge under Section 239 of the Code of Criminal Procedure if no offence is made out. (P.S.GOPINATHAN, JUDGE) ps/16/9