Petitioner accused sought quashing of FIR on delay grounds. Court refused to quash as prima facie offence was made out and directed investigation officer to file final report within three months.
FIR not quashed; directing investigating officer to file final report within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930
Crl.MC.No. 923 of 2008()
PETITIONER:
DHANAPALAN, AGED 39 YEARS, S/O. LATE GOPALAN, CHEMMERI KALLALATHIL, "VENUGEETHAM", KANNUR-12.
BY ADV. SRI.VIJU THOMAS
RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.M.S. BREEZE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 923 of 2008**
*** * * * * * * * * * * * * * * * * * Dated: 04-04-2008**
ORDER
Petitioner who is an accused in Crime No. 781 of 2004 of Kannur Town Police Station, registered for offences punishable under Sections 465, 468 and 471 of I.P.C. and 12(b) of the Passport Act , 1967, seeks to quash Annexure 4 FIR dated 18-12-2004 mainly on the ground of delay. The learned Public Prosecutor, on instructions, submitted that it is on account of certain unavoidable circumstances that the investigation in this case got delayed and that the investigating officer prays for three more months' time to complete the investigation and to file a final report before Court. Having regard to the facts and circumstances, I am not persuaded to quash the F.I.R. as it cannot be said even prima facie that it does not make out the offences alleged. Hence, this Crl. M.C. is disposed of directing the investigating officer to file the final report before the Court concerned expeditiously and at any rate within three months from today.
V. RAMKUMAR, (JUDGE)
ani.
1 issue framed by the court
Whether the FIR in Crime No. 781 of 2004 registered under Sections 465, 468, 471 IPC and Section 12(b) of the Passport Act, 1967 should be quashed on the ground of delay.
2 provisions across 2 enactments
DHANAPALAN
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
