IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 33996 of 2009(Q) --------------------------------------- CRIME NO.195/2009 OF MANKARA POLICE STATION, PALAKKAD DISTRICT. .................... PETITIONER(S): ----------------------- 1. RAJESH, AGED 22 YEARS, S/O.NARAYANAN, MUTHU NIVAS, VADATHANTHARA P.O., PALAKKAD. 2. ANU, AGED 23 YEARS, S/O.SELVARAJ, GEETHANJALI NIVAS, VADATHANTHARA P.O., PALAKKAD. 3. GIRISH, AGED 22 YEARS, MUTHANTHARA, PALAKKAD. BY ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENT(S): ------------------------ 1. THE SUB INSPECTOR OF POLICE, MANKARA POLICE STATION, PALAKKAD DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, TOWN NORTH CIRCLE, PALAKKAD. 3. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. R1 TO R3 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.33996 OF 2009 ------------------------------------------ Dated 15th December 2009 JUDGMENT Petitioners are accused 16, 17 and 18 in crime No.195/2009 of Mankara police station registered for the offences under Sections 3,4,5,6 and 7 of Immoral Traffic (Prevention) Act, 1956. There are altogether 21 accused. This petition is filed under Article 226 of Constitution of India for a writ of mandamus to quash Ext.P1 FIR and to declare that petitioners are not liable to be proceeded under the Act on the allegations in Exts.P1 and P3 or in the alternative a writ of mandamus commanding respondents 2 and 3 to consider and pass orders in Ext.P2 representation to finalise the investigation and lay the Wpc 33996/09 2 final report. 2. Learned Senior Counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Though learned Senior counsel argued that on the allegations in Exts.P1 and P3, no offence under Sections 3 to 7 of the Act is attracted, the case was registered on 19/8/2009 and is being investigated, I do not find it proper for this court, at this stage to quash the proceedings without considering the materials collected on investigation. It is for the investigating officer to consider all the aspects and complete the investigation as expeditiously as possible. Investigating officer is also to consider the contentions raised by the petitioners Wpc 33996/09 3 herein while submitting the final report. Petition is disposed directing second respondent, Circle Inspector of Police, Town North Circle, Palakkad to complete the investigation in crime No.195/2009 of Mankara police station and submit the final report within two months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE. uj.