IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1731 of 2009() ------------------------- CP.39/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... (CRIME NO.358 OF 2005 OF THE CANTONMENT POLICE STATION) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ KRISHNA PRASAD, AGED 24 YEARS, S/O.KRISHNANKUTTY, AMBALATHINKAL HOUSE, PALOTTUVILA, MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADVS. MR.G.P.SHINOD, MR.RAM MOHAN.G, MR.MANU V. RESPONDENT(S): COMPLAINANT/STATE/INVESTIGATING OFFICER, DEFACTO COMPLAINANT & INJURED: ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, AT THE HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. 3. SHABU, S/O.ABU BACKER, AGED 27 YEARS, RESIDING AT RAJEEV NAGAR, T.C-78/3869, NEAR WIRELESS STATION, ALL SAINTS, SHANGHUMUGHAM WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 4. VINU K., AGED 28 YEARS, S/O.S.KAMALPASHA, SIMI MANZIL, T.C.35/448, VALLAKKADAVU P.O., THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI R3 & R4 BY MR.SAJU.S.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.2889/2009 IN CRMC.NO.1731/2009 DISMISSED 9/06/209 SD/- M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1731 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER Second accused in Crime 358/2005 of Cantonment Police Station, who is the second accused in C.P.39/2006 on the file of Judicial First Class Magistrate Court III, Thiruvananthapuram filed this petition under section 482 of Code of Criminal Procedure to quash the final report as against him contending that he is not at all involved in the offence. Case of the petitioner is that as per the prosecution case respondents 3 and 4 are the injured and they under Anexures D and E affidavits unambiguously stated that petitioner is not at all involved in the incident and therefore the case as against him is to be quashed. Respondents 3 and 4 appeared through a counsel and submitted that petitioner is in no way connected with the incident and therefore there is no objection for quashing the case as against the petitioner. 2. Learned Public Prosecutor submitted that the Investigating Officer has addressed the Commissioner Crl.M.C.1731/2009 2 of Police to order reinvestigation of the case in view of the representation submitted by the petitioner and in such circumstance the final report need not be quashed at this stage. Learned Public Prosecutor also submitted that the petitioner will not be arrested in execution of the non- bailable warrant in view of this development. 3. In view of the submission of the learned Public Prosecutor that the entire case is to be reinvestigated, it is not necessary to quash the final report as against the petitioner. If subsequent to the reinvestigation it is found that petitioner has to challenge the final report petitioner is at liberty to approach this court at that stage. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006