IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 1951 of 2008() ------------------------- C.C.NO.40 OF 2008 OF J.F.C.M, THALASSERY PETITIONER: ACCUSED 1 TO 3 -------------------------- 1. P.A.ROSHAN, S/O.RAGHAVAN, ROSHAN VILLA, P.O., PAREL, THALASSERY. 2. SABILESH, S/O.BALAN, AGED 19 YEARS, POOVALI HOUSE, DHARMADAM, THALASSERY. 3. P.A.ROSHITH, S/O.RAGHAVAN, AGED 23 YEARS ROSHAN VILLA, P.O. PAREL, THALASSERY. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.276 OF 2007 OF THALASSERY POLICE STATION) BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1951 of 2008 ------------------------------------- Dated this the 9th day of June, 2008 ORDER This petition is filed to invoke the powers under Section 482 Cr.P.C to quash a final report submitted by the police after completing the investigation in Crime No.276 of 2007. 2. When the matter came up for admission, the learned counsel for the petitioner, after discussions at the Bar, points out that an identical prayer was disposed of by another Bench of this Court on 10.04.08 in Crl.M.C.No.1465 of 2007. Identical directions may be issued in this matter also, it is prayed. 3. I am satisfied that the request of the petitioner can be accepted. This Crl.M.C is, accordingly, allowed in part. The prayer is turned down without any fetter on the right of the petitioner to claim discharge under Section 239 Cr.P.C. If a plea for discharge is raised, needless to say, the learned Magistrate shall consider that contention at the stage of Section 239/240 Cr.P.C. It shall be open to the petitioner to urge a contention before the court below that the police officer concerned was not duly authorised under Clause 14 of the LPG Order, 2000. (R.BASANT, JUDGE) rtr/- 2