IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Crl.MC.No. 4766 of 2008() ------------------------------------- (CRIME NO.360/08 OF VANCHIYOOR POLICE STATION) PETITIONER(S): ACCUSED 1 & 2: -------------------------------------------------- 1. SREEDEVI AMMA, AGED 45 YEARS, D/O.RAJALEKSHMI T.C.NO.28/947(1) PRA NO.209, KAITHAMUKKU FORT P.O. THIRUVANANTHAPURAM. 2. K.MOHANAKUMARAN NAIR, AGED 60 YEARS, S/O.KRISHNA PILLAI, TC.NO.28/947(1) PRA 209,KAITHAMUKKU, FORT P.O. THIRUVANANTHAPURAM. BY SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, BY ADV. SRI.M.CHANDRA BOSE, SRI.A.RAJASIMHAN, DR.ABRAHAM P.MEACHINKARA RESPONDENT(S): DEFECTO COMPLAINANT & STATE: -------------------------------------------------------------------------------- 1. R.S.SHAJITHA, D/O. SHERIFA BEEVI, R.S.NIVAS, KALOOR, MELTHONNACKAL VILLAGE, THIRUVANANTHAPURAM, WORKING IN GOVERNMENT CENTRAL PRESS, STATUE, THIRUVANANTHAPURAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. C.M. CHARISMA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4766 of 2008 -------------------------- ORDER Petitioners are the accused in Crime No. 360/2008 of Vanchiyoor Police Station, Thiruvananthapuram, registered under Annexure-A2 FIR for the offences under Sections 383, 384, 385, 388 and 389 of Indian Penal Code on Annexure-A1 complaint filed by the first respondent before Additional Chief Judicial Magistrate's Court, Thiruvananthapuram and sent for investigation under Section 156 (3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that ingredients of the offences are not attracted and therefore, continuation of the proceedings is only an abuse of process of the court. 2. A report was called for from Additional Chief Judicial Magistrate, Thiruvananthapuram CRMC 4766/08 2 whether final report has been submitted and if submitted, whether cognizance was taken and if taken, the number assigned. Additional Chief Judicial Magistrate, Thiruvananthapuram submitted a report stating that Sub Inspector of Police, Vanchiyoor Police Station, after investigation, through Assistant Commissioner of Police, Thiruvananthapuram City, filed a report to the effect that sufficient evidence has not come for submitting a charge and therefore, an UN report (Undetected Report) was submitted. 3. Learned counsel appearing for the petitioner submitted that in view of the report, this petition may be closed. Recording the submission of the learned counsel appearing for the petitioner, this petition is closed. 27th September, 2010 (M.Sasidharan Nambiar, Judge) tkv