IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1872 of 2010() ------------------------- CRIME NO.119/2010 OF THE MEDICAL COLLEGE POLICE STATION, KOZHIKODE PETITIONER(S): ACCUSED 1. JANARDHANAN K.V., S/O.AANDI, AGED 60 YEARS, ROHINI, NELLICODE AMSOM DESOM, KOZHIKODE. 2. ARACKAL AHAMMED KOYA, S/O.ABDULLA KOYA, AGED 58 YEARS, THENGAKOODUPARAMBIL, 4/335A, KOZHIKODE TALUK. 3. SUGUNAN, S/O.NAYADIKANDAN, AGED 60 YEARS, PADANNAPPURATH HOUSE, THIRUTHIYAD, KOZHIKODE TALUK. 4. AJITHKUMAR, S/O.SUGUNAN, AGED 35 YEARS, PADANNAPPURATH HOUSE, THIRUTHIYAD, KOZHIKODE TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): STATE & DEFACTO COMPLAINANT 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MALU, W/O.RAMANKUTTY, AGED 72 YEARS, KUNNATH THAZHATH HOUSE, NELLICODE AMSOM DESOM, KOZHIKODE TALUK. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1872 of 2010 = = = = = = = = = = = = = = Dated this the 31 st day of May, 2010 ORDER Petitioners, who are the accused in Crime No.119/2010 of Medical College Police Station, Kozhikode for offences punishable under Sections 420,406,418,120(B) and 506(ii) read with 34 IPC and Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seek to quash Annexure -2 FIR and all further proceedings. 2. According to the petitioners, Annexure-4 Sale Deed dated 27.12.2002 was preceded by Annexure-3 agreement for sale dated 22.11.2002, both executed by the de facto complainant/2nd respondent and it is 8 years thereafter that she has filed the present complaint alleging that she was made to believe that it was not a sale deed. The petitioners would have it that the de facto complainant was making a clean somersault with a view to make unjust enrichment out of the transaction. 3. The investigation of the case is still in the nascent stage. It is too early for this Court to quash the complaint and the FIR. In case the Police, after investigation, file a final report, Crl. M.C. No. 1872 of 2010 2 charge sheeting the petitioners, they may work out their remedies before the appropriate forum. This Crl.M.C is disposed of directing the Police not to unnecessarily harass the petitioner during the investigation especially, when arrest under Section 157 Cr.P.C is discretionary and need be made only when it is necessary. Dated this the 31st day of May, 2010. V. RAMKUMAR, JUDGE sj