IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Crl.MC.No. 2993 of 2007() ------------------------- CRIME NO.655/2007 OF KUNDARA POLICE STATION PETITIONER: 1ST ACCUSED --------------------------------------------- P.VIKRAMAN, AGED 41 YEARS, S/O.PONNAN PILLAI, KALITHATTIL HOUSE, KALANJOOR MURI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.ABHILASH RESPONDENTS: COMPLAINANT ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOSEPH FERNANDEZ, MANAGING TRUSTEE, VALIYAVILA FOUNDATION, ST.JOSEPH INTERNATIONAL ACADEMY, KUMBALAM, PERAYAM CHERY, MULAVANA VILLAGE, KOLLAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2993 of 2007 = = = = = = = = = = = = = = Dated this the 3rd day of March, 2008 ORDER Heard the learned counsel for the petitioner, the learned counsel for the 2nd respondent-complainant and the learned Public Prosecutor . 2. The prayer of the petitioner is to quash Annexure A1 complaint and Annexure A2 FIR in crime No.655/2007 of Kundara Police Station, Kollam. 3. The 2nd respondent- complainant had initially filed a private complaint before the J.F.C.M-1, Pathanamthitta against the revision petitioner and another alleging offences punishable under Section 420,468 and 469 read with 34 IPC. That complaint was forwarded to the Koodal Police which registered Crime No.69 of 2006 for the aforesaid offences. Subsequently, the Koodal Police referred the case and filed a report to that effect before the Magistrate. As per order dated 26.11.07 in Crl.M.P.No.5916 of 2007 of J.F.C.M-I, Pathanamthitta, further investigation under Section 173(8) has been ordered in that crime. Crl.M.C.No. 2993 of 2007 2 4. In the meanwhile the 2nd respondent-complainant filed another complaint before the J.F.C.M-I, Kollam which was also got referred to the Kundra Police, which registered Crime No.655/2007. Annexure A1 is the complaint filed before the Kollam Magistrate. When the 2nd respondent's complaint, which is lodged in the Koodal Police Station as Crime No.69 of 2006 is under further investigation, there cannot be a parallel investigation conducted by another Police. That may be the reason why the Kundara Police itself referred crime No.655 of 2007. The learned Public Prosecutor also submitted that the Kundra Police had thereby dropped all further investigation in Crime No.655 of 2007. The said submission of the learned Public Prosecutor is recorded and if so, the petitioner cannot have any subsisting grievance with regard to the crime registered by the Kundra Police. This Crl.M.C is disposed of recording the submission made by the learned Public Prosecutor. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge