IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Crl.MC.No. 2646 of 2010() ------------------------- (CRIME NO.1150/2010 OF ALUVA POLICE STATION (NOW TRANSFERRED TO CENTRAL POLICE STATION, ERNAKULAM AS CRIME NO.1226/2010) PETITIONERS: ACCUSED ---------------------- 1. IMTHIYAZ AHAMMED M.S., S/O.MUHAMMED SAFFI, 6 E LINK HORIZON, MARINE DRIVE, ERNAKULAM. 2. KAMARUNNISA, W/O.IMTHIYAZ AHAMMED M.S., 6 E LINK HORIZON, MARINE DRIVE, ERNAKULAM. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 3. JOSEPH, S/O.SAVARI, VODAI STREET, 2ND LANE, PDHUR, UTHAMA PALAYAM (T P), THENNI-625 516, TAMIL NADU. 4. ALPHONSE, W/O.JOSEPH, VODAI STREET, 2ND LANE, PDHUR, UTHAMA PALAYAM (T P), THENNI-625 516, TAMIL NADU. Crl.MC.No. 2646 of 2010() 5. SAHAYA TAMIL SELVI @ RADHA, (MINOR), D/O.JOSEPH, VODAI STREET, 2ND LANE, PDHUR, UTHAMA PALAYAM (T P), THENNI-625 516, TAMIL NADU, REP. BY HER FATHER 3RD RESPONDENT. PUBLIC PROSECUTOR SRI.KAMMAPPU ADV. SRI.PEEYUS A.KOTTAM FOR R3-5 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2646 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.1150 of 2010 of Aluva Police Station (now transferred to Central Police Station, Ernakulam as Crime No.1226/2010) for offences punishable under Sections 323, 324 & 327 read with Section 34 of I.P.C., Sec. 23 of the Juvenile Justice (Care and Protection of Children)Act, 2000 & Section 3 of the Prevention of Child Labour (Prohibition and Regulation)Act, seek to quash Annexure-A (which is re-numbered as Annexure-B) F.I.R and all further proceedings. 2. It is too early for this Court, in a petition under Section 482 Cr.P.C, to consider whether the case against the petitioners is prima facie false and that FIR is liable to be quashed and investigation is liable to be stayed. Crl.M.C.No.2646/2010 : 2 : In case the Police, after investigation, files a final report charge-sheeting the petitioners and in case grounds exist to assail the charge sheet, the 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 the petitioners during investigation. Dated this the 21st day of July, 2010. V.RAMKUMAR, JUDGE skj