IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Crl.MC.No. 1958 of 2010() ------------------------- CRIME NO.427/2010 OF NEYYATINKARA POLICE STATION .................... PETITIONER(S): PETITIONER/A2 ---------------------------- SINDHU, D/O.BABY, AGED 30, T.C.12/923, AGED 30, T.C.12/923, BARTON HILL, KUNNUKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1958 of 2010 -------------------------------------- Dated this the 16th day of June, 2010 ORDER Petitioner, who is the 2nd accused in Annexure 1 FIR (Crime No.427/2010) of Neyyatinkara Police Station for an offence punishable under Section 419 read with 34 IPC, seeks to quash Annexure I FIR as well as Annexure III FIR registered by the same police as Crime No.179/2010 at the instance of the 1st accused in the Annexure I FIR and who subsequently committed suicide. In Annexure III FIR, registered by the same police as Crime No.179/2010, the offences registered are those punishable under Sections 468, 420 and 403 IPC and the petitioner herein is not an accused therein. 2. The learned Public Prosecutor on instructions submitted that the second FIR (Annexure III) was registered on the basis of a complaint of the 1st accused in the case before the Chief Minister, who in turn forwarded the complaint to the Superintendent of Police, who in turn forwarded the complaint to the Neyyatinkara police station, where the new case was registered as Crime No.179/2010 Crl.M.C. No.1958 of 2010 : 2 : without noticing the registration of Crime No.427/2008 (Annexure I). The learned Public Prosecutor also submitted that on realising that both the FIRs are pertaining to the same occurrence, Annexure III FIR has been clubbed along with Annexure I FIR and investigation in Annexure I FIR Crime NO.427/2008 is being continued. 3. It is too early for this court to quash FIR at the Crime stage and stay the investigation of the case. If the police after conclusion of investigation file a final report, charge sheeting the petitioner, he can approach the appropriate forum and challenge the final report, if ground to do so exists. Reserving the above right of the petitioner, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb