IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Crl.MC.No. 3313 of 2009(B) -------------------------------------- (CRIME NO. 46/2009 OF VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT) ............. PETITIONER: ------------------- K.PEETHAMBARAN, AGED 58, S/O.KRISHNAN NAIR, KANNASSAM VEEDU, ANCHUMOORTHIMANGALAM P.O., VIA. ALATHUR, PALAKKAD DISTRICT-678 682. BY ADV. MR.MILLU DANDAPANI. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, (CR.NO.46/09 OF VADAKKANCHERY POLICE STATION, PALAKKAD DISTRICT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KAMALAM, AGED 50 YEARS, W/O.NARAYANAN, CHERUKANNAMBRA, PARUVASSERI, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR MR. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3313 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R Petitioner is the accused in crime No.46/2009 of Vadakkancherry police station. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR. Learned Public Prosecutor submitted that though this petition was filed on 24/8/2009, the final report under Section 173(2) of Code of Criminal Procedure was filed before the court as early as on 25/7/2009 and learned Judicial First Class Magistrate-I, Alathur has taken cognizance of the offences in C.C.182/2009. In such circumstances, granting liberty to the petitioner to seek an order of discharge under Section 239 of Code of Criminal Procedure or to challenge the final report, the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.