IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 3845 of 2007() ------------------------- CRIME NO. 78 OF 2007 OF PULIMKUNNU POLICE STATION PETITIONER: ACCUSED 1 & 2. -------------------------- 1. THANKAMMA ANTONY, W/O. LATE N.J.ANTONY, MAVELI HOUSE, KANNADI P.O., KUNNUMMA VILLAGE, ALAPPUZHA. 2. SANTHOSH ANTONY, S/O. LATE N.J.ANTONY, ETTUPARAYIL HOUSE, VENGALLOORE P.O., KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT & STATE. --------------------------------- 1. MATHEW GEORGE, S/O. GEORGE, PAINUMKAL WARRIAM PARAMBU, THYKKATTUSSERY, CHERTHALA, NOW RESIDING AT NO.22, ANAND SAGAR RESIDENCY, SANTHIDEEP COLONY, KAKKAGUDA, SECONDERABAD, ANDHRA PRADESH. 2. STATE OF KERALA, (STATION HOUSE OFFICER, PULIMKUNNU POLICE STATION IN CRIME NO.78/2007), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOBLE MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl.M.C. No. 3845 of 2007 ...................................... Dated:18-01-2008 ORDER In this petition filed under Sec. 482 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in in a private complaint forwarded to the Pulimkunnu Police Station under Sec. 153 Cr.P.C. and which has resulted in the registration of Annexure II F.I.R. as Crime No. 78 of 2007 for offences punishable under Sections 406, 417, 419, 420, 423, 465, 468 , 471 and 474 read with Secs.120 B and Sec. 34 of I.P.C. seeks to quash the F.I.R. 2. Even though reference is made to Annexure III pleadings in a civil suit between the same parties to contend for the position that the allegation in the F.I.R., prima facie, does not make out any of the offences mentioned therein, it is too early to consider or appreciate the above contention. The case is only at the stage of investigation by the Police and this court will be loathe to quash the F.I.R. and stall the investigation into the crime. Hence, this M.C. is dismissed as premature without prejudice to the right of the petitioner to move the appropriate forum at the appropriate stage. V.RAMKUMAR, JUDGE). ani