IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 9520 of 2006(G) ------------------------ PETITIONER : ----------------- ANEESH S/O. ARAVINDAKSHA KURUP, 21/04, MAMANGALAM, PALARIVATTOM. BY ADVS. SRI. ASP. KURUP SRI.SADCHITH.P.KURUP RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY HOME SECRETARY, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION. R1 & R2 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 9520 of 2006(G) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR DATED 3.11.2005 PREPARED BY 2ND RESPONDENT. EXT.P2: COPY OF THE MAHAZAR DATED 3.11.2005 PREPARED BY 2ND RESPONDENT. EXT.P3: COPY OF THE DRAFT CHARGE SHEET PREPARED BY SECOND RESPONDENT. EXT.P4: COPY OF THE LIST SHOWING THE CASES IN WHICH PROSECUTION WAS WITHDRAWN. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.9520 of 2006 G -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India to quash Exhibit P1 FIR, registered for the offence under Section 3 read with Section 25(1)(a) of Arms Act contending that petitioner has nothing to do with the iron pipes and the sword sticks seized from M.E.S.College, Kuttippuram and in any case, an offence under Section 3 read with Section 25(1)(a) of Arms Act is not attracted. 2. Learned Government Pleader, on instructions, submitted that after investigation, a refer report has been submitted before the learned Magistrate as no offence under the Arms Act is involved. As a refer report has been submitted, it is not necessary to quash the FIR as sought for. Petition is disposed recording the submission of the learned Government Pleader that a refer report has been submitted in Crime No.238/2004 of Kuttippuram Police Station. 4th October, 2010 (M.Sasidharan Nambiar, Judge) tkv