IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 891 of 2008() ------------------------ CRIME NO. 169/2007 of MELUKAVU POLICE STATION .................... PETITIONER: ------------ 1. THOMAS, S/O.AVIRAH, AGED 56 VADAKKEDATHU HOUSE, KADANADU VILLAGE & KARA MERILAND P.O., KOTTAYAM DISTRICT. 2. JOBBY, S/O.THOMAS, AGED 33, -DO- -DO- 3. BIJO @ MATHEW, S/O.THOMAS, AGED 30 -DO- -DO- BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE MELUKAVU POLICE STATION, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 3. JOSEPH, S/O.AVIRAH, VADAKKEDATHU HOUSE KADANADU VILLAGE & KARA, MELUKAVUMATTOM P.O. KOTTAYAM DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR SRI.WILSON URMESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 891 of 2008 ========================== Dated this the 11th day of April, 2008. O R D E R The petitioners, who are accused Nos. 1 to 3 in Crime No. 169 of 2007 of the Melukavu Police Station registered for offences punishable under Sections 380, 465and 468 r/w Section 34 IPC, seek to quash the FIR and all further proceedings. First of all, the entire prosecution case cannot be founded on the averments in the FIR. The investigation of the case is still in the preliminary state. If after investigation the petitioners are charged sheeted and if the allegations in the final report do not make out any of the offences as against any of the petitioners, they can resort to appropriate legal remedies, if so advised, at the appropriate stage. Reserving this right of the petitioners, this Crl. M.C is dismissed. V. RAMKUMAR, JUDGE. rv