IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.MC.No. 4005 of 2009() ------------------------------------ CRIME NO.327/2009 OF PALAKKAD TOWN SOUTH POLICE STATION. ................. PETITIONERS/ACCUSED ----------------------------------- 1. C. GOPIKUMARAN, S/O.LATE P.KESAVAN NAIR 'SREE “GOPIPUSHPAM”, HOUSE NO,17/485 NEW CIVIL NAGAR E9, BEHIND CIVIL STATION KUNNATHUR MEDU PO, PALAKKAD TALUK. 2. MADHUSOODANAN P, S/O. K.A.SUNDARESWARAN AGED 53 YEARS, "MANUSMRUTHI" VADAKKEPUTHOT HOUSE, VADAKKETHARA PALLASSANA, PALAKKAD DISTRICT- 678 505. 3. V.K. RAJAN, S/O.LATE KOMBAN AGED 57 YEARS, VADAKKEPURA HOUSE MANKURUSSI PO, MANKARA, PALAKKAD DISTRICT. BY ADV. MR.P.K.MOHANAN(PALAKKAD) RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE TOWN SOUTH POLICE STATION, PALAKKAD. 3. DISTRICT POLICE SUPERINTENDENT PALAKKAD. 4. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. R1 TO R4 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4005 OF 2009 ------------------------------------------ Dated 14th January 2010 O R D E R Petitioners are the accused in crime No.327/2009 of Palakkad Town South police station registered for the offences under Section 409 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR contending that departmental enquiry was conducted by Deputy Superintendent of police and by Annexure-2 report, action was suggested only against three Sub Inspectors and one Additional Sub Inspector and not against the petitioners and therefore, the case as against the petitioners is to be quashed. 2. Learned Public Prosecutor Crmc 4005/09 2 submitted that as the money involved is more than Rs.60,000/-, report has been submitted to the Superintendent of police to transfer the case to the Vigilance department, as misappropriation when exceeds Rs.50,000/- is to be investigated by the Vigilance. 3. On hearing the learned counsel and learned Public Prosecutor, I find no reason to quash the FIR as sought for. Based on Annexure-2 enquiry report, Annexure-1 FIR cannot be quashed. Question whether Rs.60,975/- was received in the police station and if so, whether it was entrusted to the petitioners and whether they misappropriated, are all matters for investigation. I do not find that it is in the interest of justice to thwart the investigation, by quashing the FIR as sought for at the threshold. Learned counsel appearing Crmc 4005/09 3 for the petitioners then submitted that there may be a direction to complete the investigation within a time frame, as pendency of the case would adversely affect promotional prospects of petitioners 1 and 2. 4. Considering the nature of case, there cannot be a direction to complete the investigation within a time frame, as canvassed by the learned counsel. But earnest efforts should be made to complete the investigation, as expeditiously as possible and it shall not be protracted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.