IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 464 of 2008(E) ----------------------------- CRIME NO. 232/2007 of WADAKKANCHERY POLICE STATION ........................ PETITIONER: ACCUSED: -------------------------- SIVANANDHAN @ ANANDAN, AGED 39 YEARS, S/O.GOPALAKRISHNAN, VELLATHERI HOUSE, CHITTANDA, THRISSUR. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: COMPLAINANTS: ------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNIUS, AGED 30 YEARS, S/O.SEYETHU MUHAMMED, THACHODDIAL HOUSE, CHITTANDA, THRISSUR. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 464 of 2008 ========================== Dated this the 24th day of March, 2008. O R D E R The petitioner, who is the 3rd accused in crime No. 232 of 2007 of Wadakkanchery Police Station registered for offences punishable under Sections 341, 323, 324 and 308 r/w Section 34 IPC, seeks to quash Annexure F final report in the said case and also seeks a direction to the Director General of Police to conduct a detailed investigation against the police officers who are responsible for charge sheeting the petitioner. 2. According to the petitioner, he has been falsely implicated in the case since he was not available at the scene of crime on the alleged date of occurrence and on his complaint lodged before the Additional Director General of Intelligence, the charging officer namely E.M. Vijayakumar has been placed under suspension pending enquiry. 3. It is too early to consider whether the charge sheet is liable to be quashed under Section 482 Cr.P.C. Suspension of the Police Officer, pending enquiry, does not mean that the CRL.M.C. NO. 464/2008 : 2 : allegations against him have been proved. As for his plea of alibi, that is a matter for proof during the trial of the case. In case the Magistrate takes cognizance of the offences and commits the case to the court of Session, the petitioner can effectively plead for a discharge during the preliminary hearing under Section 227 Cr.P.C. Reserving the said right of the petitioner, this Crl. M.C is disposed of. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 464/2008 : 3 :