IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Crl.MC.No. 666 of 2009(A) -------------------------------- (AGAINST THE CRIME NO.86/2009 OF KAYAMKULAM POLICE STATION) PETITIONERS : ------------------ 1. JAYAKUMAR M, AGED 49 YEARS,ADVOCATE S/O. MADHAVAN NAIR,THAMARA, KAPPIL WEST, KRISHNAPURAM P.O., ALAPPUZHA DISTRICT 690 533. 2. L. GEETHA, W/O. ADVOCATE JAYAKUMAR, AGED 42 YEARS, THAMARA, KAPPIL WEST, KRISHNAPURAM P.O., ALAPPUZHA DISTRICT 690 533. 3. LEKSHMIKUTTY AMMA, W/O. LATE RAGHAVAN PILLAI, AGED 78 YEARS, THAMARA, KAPPIL WEST, KRISHNAPURAM P.O., ALAPPUZHA DISTRICT 690 533. BY ADV. MR.KRISHNADAS P. NAIR MR.HARIDAS P.NAIR SMT.K.L.SREEKALA RESPONDENTS : ------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREEVIDYA, W/O. VENUGOPAL, AGED 28 YEARS, PADMA BHAVANAM, KAPPIL WEST, KRISHNAPURAM P.O., ALAPPUZHA DISTRICT 690 533. 3. SUB INSPECTOR OF POLICE, KAYAMKULAM. PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------------- Crl.M.C. No.666 OF 2009 -------------------------------- Dated this the 27th day of February, 2009 O R D E R This petition is filed with a prayer to quash the F.I.R. in crime No.86/09 dated 25.01.2009 of the Kayamkulam Police Station. A perusal of the F.I.R. would reveal that the allegation is under Sections 447, 324, 354, 323 r/w 34 of I.P.C. Annexure B is based on the information given by the present petitioners and registered as F.I.R. 85/09. A perusal would reveal that some altercation had taken place on 24.01.2009 and there is some attack and a case and counter case is pending under investigation. There is absolute necessity to proceed with the investigation to find out the truth. It is too early a stage now to hold that one party has attacked and the other party is innocent. So, it is not possible at this stage to quash the F.I.R. as prayed for, by the petitioners. The Crl.M.C. is dismissed. M.N.KRISHNAN JUDGE pac