IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 3998 of 2008() ----------------------------------- CRIME NO.704/2008 OF PALLURUTHY POLICE STATION. ......... PETITIONER(S): ACCUSED 3 TO 5 -------------------------- 1. ABDUL RAZZAK SHAH, 7/541, SHERIN MANZIL, ERAMALLOOR, EZHUPUNNA VILLAGE. 2. NOORJAHAN, W/O. ABDUL RAZZAK SHAH, 7/541, SHERIN MANZIL, ERAMALLOOR EZHUPUNNA VILLAGE. 3. SAJANA, W/O. FAIZAL, 7/541, SHERIN MANZIL ERAMALLOOR , EZHUPUNNA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE & COMPLAINANT ------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.704/2008 OF PALLURUTHY POLICE STATION. 2. TASNIM, D/O. HAMZA KOYA, AGED 25 YEARS, THAZHUPPIL LANE, NAZRIL MANZIL, K.M.P.NAGAR, PALLURUTHY , KOCHI. BY PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3998 of 2008 ---------------------------------------- Dated this the 24th day of October 2008 O R D E R Petitioners are accused 3 to 5 in a crime registered under Section 498A I.P.C. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. Petitioners are on bail, it is submitted. 2. At this juncture, the petitioners have come before this court with a prayer that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioner. It is, of course, trite that powers under Section 482 Cr.P.C are so wide in its sweep as to clothe this court the powers to quash an F.I.R in an appropriate case where the interests of justice compellingly demand such a course. The learned counsel for the petitioners contends that there is a mechanical reference of the complaint to the police under Section 156(3) Cr.P.C by the learned Magistrate unmindful of the pernicious consequence which a person arrayed as an accused will have to suffer on the basis of such reference. Crl.M.C.No.3998/08 2 Be that as it may, I take note of the fact that the F.I.R has been registered. Investigation is already in progress and the petitioners have already enlarged on bail. It is not necessary, in the facts and circumstances of this case, to go into the larger question whether reference under Section 156(3) Cr.P.C was correct or not. 3. I am satisfied, in the facts and circumstances of this case, that powers under Section 482 Cr.P.C do not deserve to be invoked. I need only mention that the police must make every endeavour to complete the investigation as expeditiously as possible and submit the final report. The option of the petitioners to challenge the final report, if the final report is against them, shall remain unfettered by the the dismissal of this Crl.M.C. 4. This Crl.M.C is in these circumstances dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3998/08 3 Crl.M.C.No.3998/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008