IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 697 of 2008() ------------------------ PETITIONER: ------------ DR.MUHAMMED MAJEED AGED 61 YEARS, S/O.MOHAMMED KUNJU SAMI LABS LIMITED, 19/1 & 19/2,1 MAIN,II PHASE PEENYA INDUSTRIAL AREA,BANGALORE 560 058.(FLAT NO 306 PAZHAVADI APARTMENT APPELI ROAD, VYTTILA BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.GILBERT GEORGE CORREYA RESPONDENTS: ------------- 1. MRS.ROUSHINA, AGED ABOUT 20 YEARS, W/O.NIYAZ.K.U., (AND DAUGHER OF MR, NAZAR& MRS.SAFIA) PURAKKULATH HOUSE,# 37/1588 P, BOSE NAGAR,JAWAHAR NAGAR, ELAMKULAM, KOCHI-20. 2. SRI.MOHANAN, AGED 45 YEARSP.A.(SECRETARY SAMI LABS LIMITED BANGALORE 560 058 3. RAJESH,AGED ABOUT 30 YEARS P.A. SECRETARY, SAMI LABS LIMITED BANGALORE 560 058 4. JAFFER SAMI LABS LIMITED BANGALORE 560 058 5. JACOB,DIRECTOR AND ASSOCIATE OF SAMI LABS LIMITED BANGALORE 6. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY THE DIRECTOR GENERAL OF PROSECUTION SRI. P.G. THAMBI FOR R6 BY ADV. SRI.V.S.BOBAN SRI.SHOJAN JACOB SRI.S.NIRMAL KUMAR SRI.K.RAMAKUMAR (SR.) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 697 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-04-2008 ORDER Petitioner who is the first accused in Crime No. 335 of 2007 of Kadavanthra Police Station for offences punishable under Sections 376, 377, 354, 511 of 376 and 506 (2) read with Sec. 34 of the Indian Penal Code , seeks to quash Annexxures-III and IV private complaint and F.I.R. respectively . 2. After hearing the learned counsel for the petitioner as well as the learned Director General of Prosecutions, this Court on 2- 4-2008 directed the petitioner to appear before the investigating officer on 5-4-2008 for interrogation. Today both sides submitted that the petitioner has been interrogated on 5-4-2008 and 6-4-2008. The learned Director General of Prosecutions submitted that the interrogation of the petitioner is over for the time being. 2. The case is still in the crime stage and the investigation is in the preliminary stage. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. The first Crl.M.C. NO. 697 of 2008 -:2:- information report cannot be quashed nor the investigation be stayed in a petition under Sec. 482 Cr.P.C. In case, the petitioner is finally charge-sheeted by the police and in case, the allegations in the final report do not make out any of the offences in the charge- sheet, it is open to the petitioner to have recourse to law by moving the appropriate court at the appropriate stage for appropriate reliefs. Reserving the above right of the petitioner, this Crl. M.C. is dismissed. It is needless to say that the petitioner shall make himself available for interrogation as and when required by the police. V. RAMKUMAR, (JUDGE) ani.