IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 14602 of 2010(Q) -------------------------- CMP.1707/2010 of J.M.F.C.-II, KOLLAM .................... PETITIONER(S): ------------------------- A.K.ABDUL AZEEZ, S/O.ABDUL KHADER, AGED 54 YEARS, AL MANAMA HOUSE, UMAYANALLOOR, KOLLAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DY.SUPERINTENDENT OF POLICE, KOLLAM. 3. SUB INSPECTOR OF POLICE, KOTTIYAM, KOLLAM. 4. MUKHATHALA GOPINATHAN, CHARIVILA PUTHENVEEDU, KIZHAVOOR CHERI, MUKHATHALA P.O., KOLLAM. W.P.(C)NO.14602/2010 2 5. MOHAMMAD SHAFI, KUTTIVILA THEKKETHIL, UMAYANALLOOR P.O., KOLLAM. 6. DEPUTY SUPERINTENDENT OF POLICE, ADMINISTRATION (DCRB), KOLLAM. ADV. SRI.S.SHANAVAS KHAN FOR R5&9 GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................. W.P.(c).No.14602 of 2010 .................................... Dated:09.06.2010 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the petitioner who is the 1st accused in Crime No.442/2010 of Kollam East Police Station for offences punishable under Sections 341,& 506(i) IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeks to quash Ext. P4 private complaint and Ext. P5 FIR in the above case. 2. It is too early for this Court to consider whether the allegations levelled against the petitioner in the above crime are false or that the above crime has been registered as a counter blast. This Court will be loath to quash the FIR and stay the investigation of the case. In case the Police, after investigation, file a final report, charge sheeting the petitioner, he may work out his remedies before the appropriate forum, if valid grounds to do so exist. Reserving the above right of the petitioner, this writ petition is dismissed. Dated this the 9th day of June, 2010. V. RAMKUMAR, JUDGE sj