IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 687 of 2008() ---------------------------- CRIME NO. 250/2005 of WEST POLICE STATION, KOTTAYAM PETITIONER: ACCUSED NO.3 -------------------------------- DOMINIC MATHEW, AGED 49 YEARS, S/O.DR.K.K.MATHEW, KUZHIMATTATHIL HOUSE, AYARKUNNAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENTS/COMPLAINANT ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. O.V.GEORGE, S/O.VARGHESE, OOMALIL HOUSE, CHETTIS STREET CHALUKUNNU, KOTTAYAM. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 687 of 2008 ========================== Dated this the 12th day of March, 2008. O R D E R The petitioner, who has been arrayed as A3 after three years of the registration of the case in crime No. 250 of 2005 of West Police Station, Kottayam for offences punishable under Sections 330, 348, 395 and 398, seeks to quash Annexure A2 FIR. 2. It is true that the petitioner's name does not figure in Annexure-A1 complaint or in Annexure A2 FIR. It is also true that he has been arrayed as A3 after 3 years of the registration of the crime. But unless and until the petitioner is charge sheeted by the police and the concerned court takes cognizance of the offences without there being any valid ground for doing so, the petitioner cannot contend that he is being prosecuted and his prosecution amounts to an abuse of the process of court. This Court is not inclined to quash the FIR or stay the subsequent investigation. But the fact that the investigation in this case has been pending for three years is really atrocious. Accordingly, this CRL.M.C. NO. 687/2008 : 2: Crl.M.C is disposed of directing the officer in charge of the investigation of crime No. 250/2005 of West Police Station, Kottayam to complete the investigation and file a final report before the concerned court within one month of receipt of a copy of this order. In case the petitioner is charge sheeted by the police and in case the allegation in the charge sheet do not make out any offence against the petitioner, he is free to approach the appropriate forum for redressal of his grievance. Reserving this right of the petitioner, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 687/2008 : 3: