IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 1817 of 2010() CRIME NO.661/2005 OF MANGALAPURAM POLICE STATION ------------------------- PETITIONER(S): --------------- RAJESH,AGED 25 YEARS, S/O.SASIDHARAN NAIR, RAJITHA BHAVAN,MANJAMALA, VAVARAYAMBALAM, POTHEN KODU. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PROSECUTOR, HIGH COURT OF KERALA. 2. S.I. OF POLICE, MANGALAPURAM POLICE STATION, TRIVANDRUM. 3. C.ANIL KUMAR, NEAR DHANA LAKSHMI BANK, PASHA KUTTY, NEDUMANGADU, COMMISSION AGENT, KILIMANOOR AUTO LINKS AND FINANCE LTD. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1817 of 2010 -------------------------------------- Dated this the 16th day of June, 2010 ORDER Petitioner, who is the 1st accused in Crime No.661/2005 of Mangalapuram Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to quash the FIR and all further proceedings. 2. The letter dated 15.6.2010 from the J.F.C.M Court-II, Attingal shows that cognizance of the case was taken way back in the year 2006 as C.C.No.560/2006 as against the petitioner and on 3.11.2009 the learned Magistrate framed charge against the petitioner for the aforementioned offence and the trial has already started on 16.3.2010 and is in progress. 3. The remedy of the petitioner is to face the trail, which is half way through. This court will be loath to quash the FIR and further proceedings at this stage of the trial of the case. The petitioner will be at liberty to raise all the defences available to him before trial. Reserving the above right of the petitioner, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb