IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Crl.MC.No. 952 of 2009(F) ---------------------------------- CRIME NO.29/2009 OF NOORANAD POLICE STATION ............................................... PETITIONER(S): 3RD ACCUSED -------------------------------------------- C.HARIKUMAR, AGED 44 YEARS, S/O.CHANDRASENAN, THOTTAYIL PRAYAR NORTH, PRAYAR P.O., KAYAMKULAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.952 of 2009 -------------------------- ORDER Petitioner is the third accused in Crime No. 29/2009 of Nooranad Police Station, registered under Annexure-A6 FIR for the offences under Section 353 and 392 of Indian Penal Code. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that based on Annexure-A5 complaint, no case could have been registered as against the petitioner and the case is registered only because of the grudge in filing the complaint before the Revenue Secretary and in such circumstances, the case is to be quashed. 4. Learned Public Prosecutor pointed out that investigation shows that intercepted vehicles were forcibly taken away at the instigation of the petitioner himself, who was present at that time. CRMC 952/09 2 5. In such circumstances, I find no reason to invoke the extraordinary inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure at this stage to thwart the investigation. When final report is filed against the petitioner, he is at liberty to seek discharge from the concerned Magistrate, if there is no material against him. Petition is disposed. 18th August, 2009 (M.Sasidharan Nambiar, Judge) tkv