IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2673 of 2009() ------------------------- CRIME NO.181/CR/KKD/09 OF CBCID, THIRUVANANTHAPURAM ------------------------------- PETITIONER(S): ACCUSED 2 & 3 ---------------------------- 1. K.V.HARIDAS,S/O. KRISHNAN, AGED 80 YERS, RETIRED SENIOR DEPUTY COLLECTOR, 2/87-NISHA, P.O. KARAPARAMBA, KOZHIKODE-673 010. 2. K.V.SANIL,S/O. HARIDAS, AGED 50 YEARS, 2/87-NISHA,P.O.KARAPARAMBA, KOZHIKODE - 673 010 BY ADV. SRI.K.RAMKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.MANU TOM RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR.NAZEER HUSSIAN, S/O.SAIDE MOHAMMED, POKAKKILLATHU HOUSE, THRITHALLUR P.O. THRISSUR DISTRICT. 3. MR.N.ADAM YUSUF,DEPUTY SUPERINTENDENT OF POLICE C.B.C.I.D., CRIME BRANCH OFFICE, CHALAPURAM, KOZHIKODE. 4. THE DEPUTY SUPERINTENDENT OF POLICE, ADMN.C.B.C.I.D. HEAD QUARTERS, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2673 OF 2009 -------------------------------------- Dated this the 16th day of July, 2010 ORDER Petitioners, who are father and younger brother of one Aneesh @ Asok Kumar seek to quash Annexure B FIR as per which they have been arrayed accused Nos. 2 and 3 respectively in Crime No.181/CR/KKD/09 of C.B.C.I.D., Thiruvananthapuram. The above crime was registered on the strength of Annexure A complaint dated 12.12.2008 filed before the Superintendent of Police, Crime Branch and which was forwarded to the CBCID, Thiruvananthapuram for registering a crime. A perusal of Annexure A complaint shows that the only allegation was against the aforesaid Asok Kumar. There is not even a whisper in Annexure A complaint that either the father or the younger brother of Asok Kumar had any role in the commission of the alleged offences. 2. The learned Public Prosecutor on instructions submitted that during the course of preliminary enquiry Crl.M.C. No.2673 OF 2009 : 2 : conducted pursuant to Annexure A complaint, the involvement of the petitioners was reveled and that apart from the complainant Nazeer Hussain, other persons were also victims of cheating by the petitioners and the said Asok Kumar and that these victims have figured as witnesses in this case. 3. It may be true that other persons, who have been the victim of cheating by the petitioners might have been revealed subsequently. But then, Annexure B FIR came to be registered on the strength of Annexure A complaint in which the only allegation is against Asok Kumar and nobody else. If so, on the complaint of Nazeer Hussain the said Asok Kumar alone could be arrayed as accused in the FIR. If there are complaints from other persons against the petitioners, nothing prevents the Crime Branch Police from registering cases against the petitioners on the strength of complaints, if any, received from others to the effect that they have been cheated. Crl.M.C. No.2673 OF 2009 : 3 : But Nazeer Hussain, the complainant in Annexure A complaint has grievance only against a solitary person, namely Aneesh @ Asok Kumar. Annexure B FIR so far as it relates to the petitioners shall therefore, stand quashed. It is made clear that this order will not preclude the Crime Branch Police for registering crimes against the petitioners in case there are complaints of similar offences against the petitioners. V.RAMKUMAR, JUDGE dmb