IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 2922 of 2010() ------------------------- CRIME NO.647/2010 OF KANNUR TOWN POLICE STATION .................... PETITIONER(S):/ DE FACTO COMPLAINANT & 2ND AND 4TH ACCUSED --------------- 1. SHIFANATH, D/O.ABDUL AZEES, KANJILERI, SREEKANDAPURAM, THALIPARMBU TALUK,KANNUR DISTRICT. 2. M.NOUSHAD, S/O.MUHAMMED,. 31 YEARSZ,BENGALI MOHALLAH, KANNUR CITY. 3. K.MANSOOR, S/O.MUSTHAFA, KODOTHIL HOUSE, KADAVU ROAD, VALAPATTANAM,KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): / STATE --------------- 1. SUPERINTENDENT OF POLICE, KANNUR DISTRICT ,KANNUR. 2. CIRCLE INSEPCTOR OF POLICE, KANNUR,NEAR POLICE GROUND, KANNUR, 3. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, NEAR POLICE GROUND KANNUR,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = Crl.M.C. No.2922 of 2010 = = = = = = = = = = = = = = = Dated: 17th day of August, 2010 ORDER Petitioners, who are the de facto complainant and accused Nos.2 and 3 in Crime No.647/2010 of Kannur Town Police Station for offences punishable under Sections 366A and 376 IPC, seek to quash Annexure A5 FIR and all further proceedings as against A2 and A3 on the ground that the 1st petitioner / de facto complainant had not implicated A2 and A3. 2. It is too early for this Court, in a petition under Section 482 Cr.P.C, to consider whether the case against petitioners 2 and 3 is prima facie false and that FIR is liable to be quashed and investigation is liable to be stayed. In case the Police, after investigation, files a final report charge-sheeting petitioners 2 and 3 and in case grounds exist to assail the charge sheet, the said petitioners may work out their remedies by moving the appropriate court. This Crl.M.C is disposed of directing the Police not to unnecessarily harass petitioners 2 and 3 during investigation. Dated this the 17th day of August, 2010 V. RAMKUMAR, (JUDGE) dmb