IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 4096 of 2009() (CRIME NO.198 OF 2008 OF THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA) ------------------------- PETITIONER(S): ACCUSED ---------------------- 1. ABDUL SALAM MUSSALIAR, 24 YEARS, KOCHUPUDUVAL, VALAVANCADU, KESAVADASAURAM, VALIYAPRAMABU, KIZHAKKEKARATHEKKU, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. 2. ABDUL JABBAR, AGED 55 YEARS, KOCHUPUDUVAL, VALAVANCADU, KESAVADASAURAM, VALIYAPRAMABU, KIZHAKKEKARATHEKKU, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. 3. SAFIYA, AGED 50 YEARS, W/O. ABDUL JABBAR, KOCHUPUDUVAL, VALAVANCADU, KESAVADASAURAM, VALIYAPRAMABU, KIZHAKKEKARATHEKKU, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. 4. SHEREEF MUSALIYAR, AGED 32 YEARS, S/O. ABDUL JABBAR, KOCHUPUDUVAL, VALAVANCADU, KESAVADASAURAM, VALIYAPRAMABU, KIZHAKKEKARATHEKKU, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. 5. NISSAM, AGED 28 YEARS, S/O. ABDUL JABBAR, KOCHUPUDUVAL, VALAVANCADU, KESAVADASAURAM, VALIYAPRAMABU, KIZHAKKEKARATHEKKU, THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.ANIL (K/1480/98) CRMC 4096/09 -2- RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 198 OF 2008 OF THRIKKUNNAPUZHA POLICE STATION) 2. BEEMA, AGED 18 YEARS, D/O. RAHIYANATH, VALAVANKATTIL VEEDU, THRIKKUNNAPUZHA VILLAGE, KIZHAKKEKARA THEKKUM MURI. PUBLIC PROSECUTOR MR.S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. --------------------------------------- Cr. MC No.4096 of 2010-B --------------------------------------- Dated 28th January 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure to have the FIR in Crime No.198/08 of Thrikkunnappuzha Police Station, quashed. 2. The petitioners are accused in the above said Crime for having committed the offences punishable under Ss.376, 351, 354, 452, 341, 511 and 34 IPC. It is seen that the crime was registered on the basis of a private complaint, which was referred for investigation under S.156(3) of the Cr.P.C. The petitioners would submit that they are totally innocent and the allegations raised against them are false, made with ulterior motives. They say that further proceedings in the matter will be a waste of time and it will yield no results. 3. Though the proceedings initiated are based on a private complaint, the allegations are of serious Cr.MC No.4096/09 2 nature. So also, prima facie, this Court is unable to come to the conclusion that the allegations raised in the complaint do not make out any offence. At any rate, at this stage, it is felt that it may not be appropriate to interfere in the matter. Accordingly, this petition is dismissed. P.BHAVADASAN, JUDGE sta Cr.MC No.4096/09 3