IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Crl.MC.No. 688 of 2009() --------------------------- (IN CRIME NO. 699/08 AND CRIME NO.739/08 OF PALA POLICE STATION) PETITIONER(S): ACCUSED NO.1 ---------------------------------------- MATHEW THOMAS, S/O.THOMAS, AGED 54 YEARS, MOLOPARAMBIL HOUSE, POOVARANI P.O., KOTTAYAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): COMPLAINANT --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS CHACKO, AGED 39 YEARS, THOPPIL HOUSE, PANTHATHALA KARA, MUTHOLY P.O., MEENACHIL TALUK. 3. SUB INSPECTOR OF POLICE, PALA POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 688 OF 2009 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2009. O R D E R This petition is filed with a prayer to quash Annexure A1 to A5 so far as it relates to the petitioner in this case. The petitioner herein is alleged to have committed offences u/s 427, 447, 506(1) and 188 r/w 34 IPC as per Annexure A1. Subsequently it is changed and offence u/s 379 IPC is also incorporated. That incorporation was as a result of a report dated 9.12.08 and the Investigating Officer wanted to substitute S.379 in the place of 427 IPC. 2. The dispute is with respect to a rubber estate and civil litigations are pending between the parties. The accusation is to the effect that the petitioner along with others had entered into the property and had broken the utensils used for collection of rubber and also had removed the bucket and other materials. In other words it is averred that there had been a dishonest removal of the articles belonging to the petitioner. Whether they are true or not is a CRL.M.C. 688 OF 2009 -:2:- matter which requires detailed investigation and evidence. When there are allegations and it is being investigated it may not be proper for this Court at this stage to quash the FIR holding that there is no ingredients brought out to bring the offence of S.379 IPC. So I decline to interfere at this stage and therefore the Crl.M.C is dismissed. M.N. KRISHNAN, JUDGE. ul/-