IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 435 of 2008() ------------------------ CMP.3136/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER: ACCUSED 1 TO 4 ---------------------------------------------------- 1. K.P.SANKARANKUTTY, S/O. KUNJUNI GUPTAN, KALIYODU PUTHENKALATHIL, P.O.KARIMBA, KARIMBA II VILLAGE, MANNARKKAD TALUK. 2. K.P.BALAKRISHNAN, -DO- -DO- 3. K.P.NARAYANAN, -DO- -DO- 4. K.P.RAMAKRISHNAN, -DO- -DO- BY ADV. SRI.S.EASWARAN SRI.SHINU J.PILLAI SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENTS: COMPLAINANT & STATE ---------------------------------------------------- 1. K.P.AMMALUKUTTY AMMA, W/O. LATE RAMANKUTTY GUPTAN, CHAMAKUZHIYIL HOUSE, P.O.KARIMBA, KARIMBA II VILLAGE, MANNARKKAD TALUK. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.435 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of March, 2008 ORDER The petitioners, who are accused Nos.1 to 4 in crime No.862 of 2006 of Mannarkad Police Station for offences punishable under Sections 406, 420 and 419 IPC, seek to quash Annexure A2 complaint and Annexure A3 FIR. 2. It is too early to consider whether the Annexure A2 complaint and Annexure A3 FIR are liable to be quashed, since the allegations therein prima facie make out the offences alleged. But then, it is only in the realm of allegations and unless and until those allegations are proved by legal evidence collected during investigation, the petitioners cannot be found guilty. Moreover, since the case is still at the crime stage, this Court will be loathe to quash the FIR and stay the investigation of the crime. But at the same time the investigation which started from 7.11.2000 cannot pend - ad infinitum keeping the sword of Democlius hanging over the heads of the accused. But, the petitioners can feel aggrieved only when they are charge sheeted by the Police and the Magistrate concerned take Crl.M.C.No.435 of 2008 2 cognizance of the offence and issue process to the accused. This Crl.M.C is accordingly disposed of directing the Mannarkadu Police to expedite the investigation and file a final report before the competent court without undue delay. In case the petitioners are charge sheeted by the Police and the final report does not prima facie make out the offences alleged, the petitioners are free to move the appropriate court for appropriate reliefs. V. RAMKUMAR, JUDGE sj