IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.MC.No. 4011 of 2008() ------------------------- CRIME NO.305/08 OF ATTINGAL POLICE STATION PETITIONER(S): 4TH ACCUSED -------------------------- SHAN, S/O.SHAJAHAN AGED 22 YEARS, PALLIVILAPUTHEN VEEDU, VALAKKAD, EDAYAKODE. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA REPRESENTED BY THE S.H.O.,ATTINGAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4011 of 2008 ------------------------------------- Dated this the 24th day of November, 2008 ORDER Petitioner faces allegations in a crime registered alleging the offences punishable, inter alia, under Section 420 I.P.C. The crux of the allegations is that the 1st accused, a lady doctor, was engaged in a hospital run by a charitable trust. In furtherance of the common intention of all the accused persons, the 1st accused held herself out to be a qualified Allopathic Medical Practitioner and started such practice in the hospital under the trust. The petitioner is alleged to be an important functionary of the trust. He actually works in the establishment. He is the son of the 2nd accused, who is the chairman of the trust, which runs the hospital. He is engaged as a part time accountant. According to the police, they believe that the petitioner was responsible to facilitate the commission of the crime by the 1st accused. 2. The learned counsel for the petitioner prays that the crime registered in so far as it relates to him may be quashed. In these circumstances the F.I.R may be quashed and the proceedings against the petitioner may be brought to premature Crl.M.C. No.4011 of 2008 2 termination. Continuance of the prosecution is causing great difficulties to the petitioner in as much as he is not able to apply for and secure a passport. In these circumstances the crime registered against him may be quashed or at least there may be a direction for expeditious completion of the investigation. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the available indications clearly suggest the complicity of the petitioner. It is, in these circumstances, prayed that this petition may be dismissed. The police may be given time to complete the investigation and take a definite stand as to whether the petitioner deserves to face charges. Only if the Investigating Officer is convinced on the basis of materials collected that the petitioner has to be arrayed as an accused, shall he be arrayed as an accused. In these circumstances, this petition may be dismissed, submits the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I find merit in the submission of the learned Public Prosecutor. At the moment and with the available inputs, I am not persuaded to agree that the F.I.R registered, in so far as it relates to the petitioner deserves to be quashed. Crl.M.C. No.4011 of 2008 3 5. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that the Investigating Officer must make every endeavour to complete the investigation as expeditiously as possible. I make it clear that I have not intended to express any authentic opinion on merits. I have only chosen to take the view that the powers under Section 482 Cr.P.C do not deserve to be invoked at this stage. The dismissal of this petition, I make it clear, will not in any way fetter the rights of the petitioner to challenge the final report or to claim discharge/acquittal in the proceedings which may be initiated on the basis of such final report. (R.BASANT, JUDGE) rtr/-