IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 Crl.MC.No. 910 of 2011() ----------------------------------- FIR. NO.527/2011 OF THE THRIKKAKARA POLICE STATION. ....... PETITIONER(S): ------------------------- M.O.POULOSE,S/O OUSEPH,AGED 52 YEARS, MADASSERY HOUSE,CRASH ROAD,VAZHAKKALA, THRIKKAKARA,KOCHI-21. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE,THRIKKAKARA POLICE STATION,THRIKKAKARA,ERNAKULAM. 2. THE STATE OF KERALA,REPRESENTED BY ITS STATE PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.910 of 2011 -------------------------------------- Dated this the 25th day of May, 2011. ORDER Public Prosecutor takes notice for respondents. 2. The prayer in this petition is to quash Annexures-A6 and A7, first information statement given by the defacto complainant and the FIR registered by the Thrikkakara Police based on that first information. According to the defacto complainant, on 09.03.2011 at about 2.30 p.m. while he was engaged in agricultural activities in his property, petitioner obstructed the same and when the defacto complainant resisted that, petitioner used obscene words at him and pushed him. The defacto complainant happened to hit the wall. Petitioner also threatened the employee of the defacto complainant, it is alleged. On the strength of Annexure-A6, the Thrikkakara Police registered Crime No.527 of 2011 for offences punishable under Sections 447, 294(b), 323 and 506(i) of the Indian Penal Code. Now the matter is under investigation as the learned counsel submitted. Learned counsel says that civil disputes are pending between the parties and that only to harass petitioner a purely civil matter is brought to the criminal court. 3. Since investigation is going on, I do not consider it necessary to interfere with the matter at this stage. The question whether allegations made by the defacto complainant in Annexure-A6, are correct or not or, it is only a civil Crl.MC No.910/2011 2 dispute between the parties are matters which the Investigating Officer has to look into in the course of investigation. In these circumstances I do not find reason to interfere with the investigation. With the above observation, Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks