IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 3269 of 2009() ----------------------------------------- C.C.NO.416/2008 ON THE FILE OF JFCM, NILAMBUR PETITIONER(S): ACCUSED 2 & 3: ----------------------------- 1. THANKAMMA, AGED 65 YEARS, W/O.SAMUEL, PALLIVADAKKETHIL, MUKKADA, MULAVANA, KOLLAM. 2. JINUSON, S/O.SAMUEL, PALLIVADAKKETHIL, MUKKADA, MULAVANA, KOLLAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): COMPLAINANT: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ENAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3269 of 2009 = = = = = = = = = = = = = = Dated: 18.06.2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No.455 of 2008 of Nilambur Police Station for an offence punishable under Section 498A read with 34 IPC and now pending before the J.F.C.M, Nilambur as C.C.No.416/2008 seek to quash Annexure I FIR and further proceedings in the case. 2. The case was first investigated and charge-sheeted by the Sub Inspector of Police, Nilambur. Thereafter the Dy.S.P., Crime Detachment, Malappuram filed a report before the Magistrate requesting sanction for further investigation of the case as per the order of the D.G.P. of Thiruvananthapuram and Superintendent of Police, Malappuram. Accordingly as per order dated 17.2.2009 in C.M.P.No.549/2009 , the learned Magistrate accorded sanction for further investigation. Supplementary final report, after completion of investigation Crl. M.C. No.3269 of 2009 2 is yet to be filed before the learned Magistrate. In case a supplementary final report prejudicial to the petitioners is filed, they can challenge the same, if grounds to do so exist. This Crl.M.C is disposed of reserving the above right of the petitioners. It is open to the petitioners to apply for personal exemption on the dates of posting by moving the Court under Section 317 Cr.P.C. Dated this the 18 th day of June, 2010. V. RAMKUMAR, JUDGE sj