IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 341 of 2010() ---------------------- TO QUASH ANNEXURE C FIR NO. 998 DATED 17-8-2009 OF IRINJALAKKUDA POLICE STATION PETITIONER(S): ACCUSED NO.3 --------------------------- MUHAMMADALI, S/O. SAITHUKUNJI, RESIDING AT ELLUMPARAMBIL HOUSE, P.O.KOOLIMUTTAM, KODUNGALLUR. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): COMPLAINANT & 2ND ACCUSED & STATE ------------------------------------------------ 1. SHIBU, S/O. CHANDRAN, CHATHENGATTIL HOUSE, THAZHEKKAD VILLAGE, MUKUNDAPURAM TALUK. 2. AKBAR, S/O. ABDUL KAREEM, KUNNATH HOUSE, PULLUTT, KODUNGALLUR TALUK, THRISSUR DISTRICT. 3. STATE OF KERALA, (CRIME NO.998/09 OF IRINJALAKUDA POLICE STATION OF THRISSUR DISTRICT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR SRI.JAI GEORGE FOR R2 SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * . . . . Crl M C NO 341 2010 of * * * * * * * * * * * * * * * * * * Dated, this the 26th day of May, 2010 ORDER In this petition filed under Section 482 Cr.P.C. the 3rd accused in Crime No. 998 of 2009 of Irijalakkuda Police Station for offences punishable under Sections 120 B, 409 and 420 I.P.C. seeks to quash the F.I.R. and all further proceedings. 2. The learned Public Prosecutor, on instructions, submitted that the police after investigation has referred the case on the ground that the dispute involved is a civil dispute and a mistake of fact . The above submission is recorded and this Crl.M.C. is dismissed as infructous. In case the de facto complainant has been served with a copy of the refer report or in case he receives a copy of the same from the Magistrate concerned, he shall have the right to address the Magistrate and make his submissions in accordance with law as also file a protest complaint. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.