IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 1084 of 2008() ------------------------- CC.486/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER: ACCUSED: -------------------- RETHNARAJAN, S/O.MELATH KRISHNAN NAIR @ APPU NAMBIAR, AGED 36 YEARS, RESIDING AT HARIGOVIND, PUTHUKAI, PUTHUKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA. 2. SUDHAKARAN, S/O.MELATH KRISHNAN NAIR @ APPU NAMBIAR, AGED 45 YEARS, VANNATHIKANAM, KUNDUMKUZHI, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.1084 of 2008 ------------------------------------- Dated this the 27th day of May, 2008 ORDER Petitioner prays that the cognizance taken against him on the basis of a final report submitted by the police after due investigation may be quashed invoking the powers under Section 482 Cr.P.C. 2. What is the reason ? The learned counsel for the petitioner submits that the allegations raised are all false and that, in these circumstances, the petitioner does not deserve to endure the trauma of such a false and vexatious proceedings. 3. Whether the allegations are true or not cannot certainly be decided by this Court at the moment and with the available inputs. I am, in these circumstances, not satisfied that the powers under Section 482 Cr.P.C can or ought to be invoked to prematurely terminate the proceedings against the petitioner. At the moment, nothing is brought to my notice to clinchingly conclude that the allegations raised are false and incorrect. 4. This Crl.M.C is, in these circumstances, dismissed. Needless to say that the petitioner shall be at liberty to raise all his contentions before the learned Magistrate and the dismissal of this petition will not fetter his rights to do so. (R.BASANT, JUDGE) rtr/- 2