IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 865 of 2008() ---------------------------- CRIME NO. 22 OF 2008 of CHERTHALA POLICE STATION PETITIONER: ACCUSED 1 TO 3 ---------------------------------- 1. RAJESH, S/O.RAJAN, LEKSHAM PARAMBIL NOW RESIDING AT KANNATTUVELI, VARANAM MURI THANNEERMUKKAM VADAKKU VILLAGE, CHERTHALA ALAPPUZHA. 2. PRASAD, S/O.RAJAN, LEKSHAM PARAMBIL NOW RESIDING AT KANNATTUVELI, VARANAM MURI THANNEERMUKKAM VADAKKU VILLAGE, CHERTHALA ALAPPUZHA. 3. RAJESWARY, D/O.RAJAN, LEKSHAM PARAMBIL NOW RESIDING AT KANNATTUVELI, VARANAM MURI THANNEERMUKKAM VADAKKU VILLAGE, CHERTHALA ALAPPUZHA. BY ADV. SRI.ROY CHACKO RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------ 1. SREEDEVI AMMAL, D/O.CHANDRIKA THAIPARAMBU MADHATHILE, NADUVILE KIZHAKKE MURI NADUVILE VILLAGE, VAIKOM, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 865 of 2008 ========================== Dated this the 29th day of February, 2008. O R D E R The petitioners, who are accused Nos. 1 to 3 in Crime No. 22 of 2008 of Cherthala Police Station for an offence punishable under Section 420 r/w Section 34 IPC, seek to quash Annexure A9 F.I.R. It is too early to consider whether the allegations in Annexure A9 FIR make out an offence punishable under Section 420 IPC. Even if it does not make out an offence punishable under Section 420 IPC, the FIR is not the exclusive material which can be looked into to discern the prosecution case which is still under investigation. If after investigation, the petitioners are charge sheeted by the police and if the final report does not even prima facie make out the offence alleged against them, they are free to approach the appropriate forum for redressal of their grievances. This Court will be loath to quash the FIR and stay the investigation into a cognizable offence. Reserving this right of the petitioner, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE. rv