IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1951 of 2009() -------------------------------------- (AGAINST THE F.I.R.NO.436 DTD 4/05/09 IN CRIME NO.436/09 OF KUNDARA POLICE STATION) PETITIONER(S): ACUSED: -------------------------------------- SURESHKUMAR, AGED 42 YEARS, S/O. RAGHAVAN PILLAI, AJITHA BHAVAN, VELLIMON P.O., CHERUMOODU, PERINAD. BY ADV. MR.VIJU THOMAS RESPONDENT(S): DEFACTO COMPLAINANT: -------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KUNDARA, KOLLAM. 2. SECRETARY, SPECIAL GRADE, KUNDARA GRAMA PANCHAYATH, 3. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P. RAVEENDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1951 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Petitioner filed this petition under section 482 of Code of Criminal Procedure to quash Annexure IV F.I.R in Crime No.436/2009 of Kundara Police Station contending that Annexure III complaint was lodged by the Kundara Grama Panchayat out of political rivalry and no offence is made out and therefore the F.I.R is to be quashed. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that there is no public well which was allegedly filled,as stated in Annexure III complaint or Annexure IV F.I.R and the case is registered malafide to harass the petitioner out of the political reasons and there is no material to show that there was a panachayat public well which was filled up and therefore the F.I.R is to be quashed. 4. Annexure IV F.I.R was registered based on Annexure III complaint filed by the Secretary of Crl.M.C.1951/2009 2 Kundara Grama Panchayat stating that on getting information that a Panchayat well was trespassed and filled up by persons under the leadership of the petitioner and on inquiry it was found to be correct and therefore proper action is to be taken. 5. The question is whether Annexure III complaint if accepted as correct, an offence to be investigated is made out. 6. The police has registered the case under section 447 of Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act. In the light of Annexure III complaint it is not possible to hold that the offence alleged is not to be investigated. The question whether the well was in existence and if so whether it was filled up by the petitioner and if so whether petitioner committed the offence are all matters to be investigated by the Police. I find no reason to quash the First Information Report at the threshold as sought for by the petitioner. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006