IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 17707 of 2009(Q) -------------------------------------- CRIME NO.813/2005 OF KASARAGODE POLICE STATION .................. PETITIONER(S): ---------------------- M.SUDHEER KUMAR, S/O. NARAYANA BANGERA, RESIDING AT SURUMMA THODU, GUDDELERI,MANJESHWAR BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): ------------------------ 1. S.I. OF POLICE, KASARAGODE. 2. THE DEPUTY SUPERINTENDENT OF POLICE KASARAGODE. 3. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.17707 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 227 of Constitution of India to quash Exhibit P5 FIR in Crime No.813/2005 of Kasargod Police Station as against the petitioner contending that he was in Kollam, attending a meeting of Kerala Kabadi Association, on the date of the alleged incident and therefore, he has nothing to do with the alleged offence. It is contended that Exhibit P7 (a), the minutes of the Executive Committee, establishing the presence of petitioner at Kollam, along with Exhibit P7 representation, was given to the Deputy Superintendent of Police, Kasargod stating that petitioner has nothing to do with the offence. 2. Learned Government Pleader was directed to submit a report on the claim of the petitioner under Exhibit P7. Learned Government Pleader WPC 17707/09 2 submitted that consequent to the investigation on the claim raised by the petitioner in Exhibit P7, it was revealed that petitioner was not involved in the case and a report was filed before the concerned Magistrate deleting petitioner from the array of accused. The submission is recorded. In view of the submission, petition is dismissed. 5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv