IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4580 of 2008() ------------------------- (CRIME NO.720/08 OF J.F.C.M, KOTTARAKKARA) PETITIONER: ACCUSED NO.2 --------------- RAJENDRA PRASAD, AGED 53, S/O.RAMAKRISHNAN, JALAJA MANDIRAM, CHITHARA, KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): STATE/COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. THROUGH THE SUB INSPECTOR OF POLICE. 2. THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4580 of 2008 ---------------------------------------- Dated this the 26th day of November 2008 O R D E R The petitioner has come to this court with the prayer that crime No.720/08 of Kadakkal police station registered alleging offences punishable under Section 55(a) and (i) of the Kerala Abkari Act may be quashed. 2. The petitioner is not an accused named in the F.I.R. Two persons are named in the F.I.R. Investigation is in progress. The petitioner apprehends that he may also be implicated in that crime. He has not so far been arrayed as an accused. At the moment and with the available inputs, I am not persuaded to agree that there is any justification in the prayer for quashing the F.I.R. Investigation deserves to be conducted. The persons who are culpably responsible have got to be brought to book. If the petitioner has a grievance that he is likely to be arrested unnecessarily, he can certainly seek directions under Section 438 Cr.P.C. I do not find any merit in the prayer made in the Crl.M.C. 3. This Crl.M.C is accordingly dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008