IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 5092 of 2010() ----------------------- CRIME NO. 741/2010 OF WADAKKANCHERY POLICE STATION .................. PETITIONER / DEFACTO COMPLAINANT / 1ST ACCUSED : ------------------------------------------------------------------------------------ 1. ANURAGH, AGED 23, S/O.JANARDHANAN, KIZHAKKOOTU HOUSE, MANAKODY VILLAGE, TRISSUR. 2. RAJU PUZHANKARA, AGED 44, S/O.SANKARANARAYANA MENON, PUZHANKARA HOUSE, KUNDANNOOR P.O., VADAKKANCHERY. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR RESPONDENTS / FORMAL PARTY/COMPLAINANT : -------------------------------------------------------------------------- 1. STATE OF KERALA TO BE REP. BY SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695001. 3. SUB INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION, VADAKKANCHERRY- 680623. R1 TO R3 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 5092 of 2010() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : PHOTOCOPY OF THE FIR WITH FIS IN CRIME NO. 741/10 OF VADAKKANCHERY POLICE STATION 15-9-10. ANNEXURE - II : PHOTOCOPY OF THE REPORT IN DESABHIMANI DAILY DATED 18-9-10. ANNEXURE - III : PHOTOCOPY OF THE 1ST PETITIONER'S COMPLAINT TO THE 2ND RESPONDENT DATED 23-11-10. ANNEXURE - III(a) : PHOTOCOPY OF THE A.D. FROM 2ND RESPONDENT. ANNEXURE - IV : PHOTOCOPY OF THE 1ST PETITIONER'S AFFIDAVIT TO JFMC VADAKKANCHERY DATED 21-12-10. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.5092 of 2010 - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. Petitioner No.1 is the de facto complainant and petitioner No.2 is the accused in Crime No. 741 of 2010 of Vadakkanchery Police Station for an offence punishable under Section 170 IPC. They have filed this application to quash the charge. If the first petitioner appears and makes a statement before the learned Magistrate, his statements shall be recorded under Section 164 Cr.P.C and the same shall be forwarded to the Investigating Officer for perusal. The Investigating Officer while filing the final report shall take into consideration the 164 Statement and submit a final report. I express no opinion on the merits of the case. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv