IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Crl.MC.No. 2285 of 2009(A) ------------------------------------ (CRIME NO.370/2009 OF MALA POLICE STATION) PETITIONER(S)/2ND ACCUSED: -------------------------------------------- JEEVAN THOMAS @ SONY, AGED 31, SON OF LATE MR. T.A.THOMAS, RESIDING AT THATTAKATHIL HOUSE PALLIPURAM.P.O., MALA, THRISSUR DIST. PIN.680732. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENT(S)/STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA REP. BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. ASSISTANT SUB INSPECTOR OF POLICE MALA POLICE STATION, MALA P.O., THRISSUR DIST. PIN-680732. 3. SUDHAKARAN, AGED 55, S/O. NARAYANAN PARAKKAPARAMBIL HOUSE, VALOOR DESOM KALLUR THEKKUMURI VILLAGE, THRISSUR DIST. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2285 OF 2009 =========================== Dated this the 31st day of July,2009 ORDER Petitioner is the second accused in Crime 370/2009 of Mala Police Station. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that there was a delay of 105 days in lodging the complaint and in such circumstance, the continuation of the proceedings is illegal. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The fact that there was a delay of 105 days in lodging the First Information Statement by itself is not a ground to quash the proceedings. It is a matter to be considered while considering the veracity of the evidence of the complainant or even the prosecution case. But on that ground the crime cannot be quashed as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006