IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Crl.MC.No. 1346 of 2010() ------------------------- CRIME NO.300/2008 BEFORE THE JUDICIAL FIRST CALSS MAGISTRATE COURT, NEDUNKANDAM (VANDANMEDU POLICE STATION) .................... PETITIONER(S): 2ND ACCUSED -------------------------- MOHANKUMAR, S/O. KRISHNA PILLAI, KRISHNA VIHAR, KARAVALOOR, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, VANDANMEDU, IDUKKI DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, (NARCOTIC CELL), IDUKKI. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = Crl.M.C. No.1346 of 2010 = = = = = = = = = = = = Dated: 21st day of June, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.300/08 before the J.F.C.M Court, Nedunkandam,(Vandanmedu Police Station) for offences punishable under Sections 8(1) (2) and 55(a)(i) of the Kerala Abkari Act read with 120B IPC, seeks to quash Annexure I FIR 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 petitioner is prima facie false and that FIR is liable to be quashed and investigation is liable to be stayed. In case the Police, after investigation, files a final report charge- sheeting the petitioner and in case grounds exist to assail the charge sheet, the petitioner may work out his remedies by moving the appropriate court. This Crl.M.C is disposed of directing the Police not to unnecessarily harass the petitioner during investigation. Dated this the 21st day of June, 2010 V. RAMKUMAR, (JUDGE) dmb