IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 163 of 2008() ---------------------------- CRIME NO. 1580/2006 of CENTRAL POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED: -------------------------- 1. BINDU JEEVAN, PROPRIETRESSES, M/S.KATHIR FOODS, XXII/665, INDUSTRIAL DEVELOPMENT PLOT, CHAMPANOOR, ANGAMALY, ERNAKULAM DISTRICT. 2. V.S.JEEVA KUMAR, REPRESENTATIVE M/S.KATHIR FOODS, XXII/665, INDUSTRIAL DEVELOPMENT PLOT, CHAMPANOOR, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. STATE OF KERALA, SHO, CENTRAL POLICE STATION, ERNAKULAM. REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. KERALA STATE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, COCHIN, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 163 of 2008 ========================== Dated this the 14th day of January, 2008. ORDER The petitioners, who are husband and wife and who are accused Nos.1 and 2 in crime No. 1580/2006 of Central Police Station, Ernakulam for offences punishable under Section 406 and 420 r/w Section 34 IPC, seek to quash FIR and subsequent proceedings. It is too early to accept the petitioner's contention that those two offences are not made out. I do not proceed to discuss the averments in Annexue A8 complaint in detail lest it may prejudice one party or the other. Suffice it to say that the said complaint is sufficient to register the above crime and commence investigation. The question as to whether the commission of hose offences has been made out or not is a matter for the Investigating Officer to decide after collection of evidence and if sufficient evidence has been mustered it may result in a charge sheet. The proceedings in FIR cannot be quashed at this stage. This Crl. M.C. is accordingly dismissed. V. RAMKUMAR, JUDGE. rv