IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Crl.MC.No. 2349 of 2008() ------------------------- CRIME NO.424/08 OF THE KALAMASSERY POLICE STATION PETITIONER: ACCUSED ------------------- JOSEPH, AGED 73 YEARS, S/O.AUGUSTINE, PRINGATHARA HOUSE, CHUTTUPADUKARA, EDAPPALLY NORTH VILLAGE. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: COMPLAINANT/DEFACTO COMPLAINANT -------------------------------------------- 1. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. 2. JOHN, AGED 81 YEARS, S/O.AUGUSTINE, PRINGATHARA HOUSE, CHUTTUPADUKARA, EDAPPALLY NORTH VILLAGE. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2349 of 2008 ------------------------------------------------- Dated this the 23rd day of June, 2008 ORDER The petitioner is the accused facing allegations in a crime registered alleging offences punishable under Secs.447, 323 and 324 of the IPC. All offences are bailable. The petitioner has, at this stage, come to this Court praying that powers under Sec.482 of the Cr.P.C. may be invoked to quash the FIR registered against him. 2. What is the reason? The short reason alleged is that the allegations raised against the petitioner by the 2nd respondent – his own brother, are false. They are grossly belated. False allegations are being raised. Hence the FIR may be quashed. This is the prayer. Whether the allegations are true or false cannot obviously be decided by a court invoking its powers under Sec.482 of the Cr.P.C. I have no Crl.M.C. No. 2349 of 2008 -: 2 :- reason to assume that the Investigating Officer shall not do a proper investigation and shall not be able to ascertain the truth or otherwise of the allegations. The prayer to quash the proceedings on the short ground that the allegations raised are false, in the total absence of any other circumstances, cannot be accepted. The fact that there is some delay in lodging the FIR is also, according to me, not a sufficient reason to quash the FIR and thus take away the powers which the police have under law to conduct investigation into an alleged crime. 3. Alternatively, it is prayed that the police may be directed to subject the 2nd respondent to narco analysis test. Narco analysis is not to be resorted to as a matter of course. In every case where there is dispute between them about the truth or otherwise of the allegations raised, it is not the law that the accused or the witnesses can be subjected to narco analysis. The prayer to this Court to direct the police to subject the 2nd respondent to narco analysis is, in the facts and circumstances of this case and considering the nature of the allegations and the Crl.M.C. No. 2349 of 2008 -: 3 :- stage of the investigation, found to be totally unjustified. 4. That this petition only deserves to be dismissed. I do so. (R. BASANT, JUDGE) Nan/