IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Crl.MC.No. 1377 of 2010() ------------------------- PETITIONER(S): 1ST ACCUSED: --------------------------- JOSEPH @ CHARLI, THUNDATHIL HOUSE, THERTHALI, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 3. FRANCIS, S/O.MATHEW, KUTTUNKAL HOUSE, THIMIRI AMSOM DESOM, THALIPARAMBA, KANNUR. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1377 of 2010 -------------------------------------- Dated this the 28th day of May, 2010 ORDER Petitioner, who is the first accused in Crime No.20/2010 of Alakode Police Station for offences punishable under Sections 286 and 437 IPC and Section 3 and 4 of the Explosive Substances Act 1908, seeks to quash Annexure A2 F.I.R. 2. According to the petitioner, he has been falsely implicated at the instance of the third accused, who filed Annexure A1 private complaint before the Judicial First Class Magistrate, Thaliparamba and got the same referred to the police station under Section 156(3) Cr.P.C. 3. The learned Public Prosecutor submitted that the case is under investigation and the police have not so far filed final report before the court. 4. This court will not quash the F.I.R and stay the investigation of the case, unless strong and compelling reasons exist. In case the police, after investigation file a final report charge sheeting the petitioner and in case ground exists to challenge the charge sheet, the petitioner will be free to take appropriate remedies before the court. Reserving this Crl.M.C. No.1377 of 2010 : 2 : right of the petitioner, this Criminal M.C is disposed of as above. The petitioner shall co-operate with the investigation and he shall not be unnecessarily harassed by the police. V.RAMKUMAR, JUDGE dmb