Kerala High Court
Muhammed Najeeb vs State Of Kerala on 8 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:83516
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.MC NO. 8698 OF 2019
CRIME NO.690/2018 OF PANUR POLICE STATION, KANNUR
PETITIONER/ACCUSED:
MUHAMMED NAJEEB,
AGED 48 YEARS
S/O C. POCKER, EAROOL MANZIL,
CHAMPAD P.O., THALASSERY,
KANNUR DISTRICT.
BY ADVS.
M.SASINDRAN
SRI.SATHEESHAN ALAKKADAN
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PORSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER,
(CRIME NO. 690/2018 OF PANOOR POLICE STATION)
KANNUR DISTRICT - 670 672.
BY ADV.
SRI. SANGEETHARAJ N. R. - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.M.C. NO.8698 OF 2019
2
P.V.KUNHIKRISHNAN, J
===========================
Crl.M.C. No. 8698 of 2019
==============================
Dated this the 8th day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the
First Information Report (F.I.R.) in Crime No.690/2018 of
Panoor Police Station. The above F.I.R. is registered alleging
offences punishable under Sections 468 and 471 of the
Indian Penal Code.
2. According to the petitioner, even if the entire
allegations in the First Information Report are accepted in
toto, no offence is made out against the petitioner. The
counsel for the petitioner also relied the judgment of this
Court in Shereef v. State of Kerala and Others [2019(1)
KHC 702].
3. Admittedly, the case is at the investigation stage. I
am of the considered opinion that the investigation in
criminal case need not be interdicted by this Court in all
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CRL.M.C. NO.8698 OF 2019
situations. The contention raised by the petitioner can be
considered by the Investigating Officer. While investigating
the matter, the Investigating Officer will also consider the
dictum in Shereef case (supra). No coercive steps shall be
taken against the petitioner. If the presence of the
petitioner is necessary for the purpose of investigation, two
weeks prior notice should be given to the petitioner. All the
contentions raised by the petitioner are left open. If any
final report is filed against the petitioner, the petitioner is
free to challenge the same in accordance with law.
With the above observations, this Criminal
Miscellaneous Case is disposed of.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
BR
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CRL.M.C. NO.8698 OF 2019
PETITIONER'S ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
690/2018 OF PANOOR POLICE STATION,
KANNUR DISTRIT.
ANNEXURE AII TRUE COPY OF THE AFFIDAVIT SUBMITTED BY
THE PETITIONER BEFORE THE PASSPORT
AUTHORITY, KOZHIKODE ON 23-08-2018.
ANNEXURE AIII TRUE COPY OF THE SHOW CAUSE NOTICE DATED
24-08-2018 FROM THE REGIONAL PASSPORT
OFFICE.
ANNEXURE AIV TRUE COPY OF THE COMMUNICATION DATED
24-08-2018 FROM THE REGIONAL PASSPORT
OFFICE, KOZHIKODE TO THE PETITIONER.
ANNEXURE AV TRUE COPY OF THE COMMUNICATION DATED
24-08-2018 INTIMATING IMPOSING OF
PENALTY TO THE PETITIONER.
ANNEXURE AVI TRUE COPY OF THE RECEIPT ISSUED BY THE
REGIONAL PASSPORT OFFICE, KOZHIKODE ON
24-08-2018 IN FAVOUR OF THE PETITIONER
EVIDENCING PAYMENT OF RS.5,000/- AS
PENALTY BY THE PETITIONER.
ANNEXURE AVII TRUE COPY OF THE NEW PASSPORT ISSUED IN
FAVOUR OF THE PETITIONER BY THE REGIONAL
PASSPORT OFFICER, KOZHIKODE ON
31-08-2018.
RESPONDENTS' ANNEXURES: NIL
