IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Crl.MC.No. 3206 of 2011() ----------------------- CRIME NO. 302/2011 OF ARANMULA POLICE STATION, PATHANAMTHITTA ................... PETITIONERS / ACCUSED NOS. 2 AND 3 : ---------------------------------------------------------- 1. RAJENDRAN @ DURRAI, KOTTARATHUPARAMBIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE, 2. P.S.MADHU, PUNTHALAPADIYITTIL PERINGLIPURAM,CHENGANNUR, BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT / COMPLAINANT : ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 3206 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A:- TRUE COPY OF THE FIR IN CIRME NO.302/2011 OF ARANMULA POLICE STATION, DATED 21.5.2011. ANNEXURE B:- TRUE COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, ARANMULA POLICE STAITON DATED 23.5.2011 ANNEXURE C:- TRUE COPY OF THE FIR IN CRIME NO.301/2011 OF ARANMULA POLICE STATION, DATED 21.5.2011 RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3206 of 2011 ----------------------------------- Dated this the 8th day of November 2011 O R D E R Petitioners are arrayed as A2 and A3 in crime No.302/2011 of Aranmula Police Station. The allegation is that on receipt of reliable information that some persons were removing river sand from Pampa River, the Sub Inspector of Police, Aranmula Police Station reached the spot at 5.45 AM on that day ie; 21.5.2011 along with other police officials. They saw some persons removing river sand. It was so found with the help of a search light. When S.I. and others stepped into the river, the persons who were removing the sand swam to the other side of the river. In the country boat about one load of river sand was found. Based on that crime was registered. 2. The learned counsel for the petitioners would submit that at the time of registration of the FIR, the name Crl.M.C. No.3206 of 2011 -: 2 :- of the first accused was not there. It is also contended that it was humanly impossible for the S.I. to detect the offence as mentioned in the F.I.Statement. The learned counsel further submits that first petitioner was in Maharashtra at that time. The learned Public Prosecutor submits that there are altogether 7 accused persons. The investigation is in progress. The Investigating Agency has collected sufficient materials by conducting proper investigation and as such, it is pre-mature to pass any order at this stage. I find no reason to quash the FIR. Petitioners are at liberty to raise all their contentions at the appropriate stage. This Crl.M.C. is hence dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt