Kerala High Court
B.P.Mariyu vs Kerala State on 14 May, 2010
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 3RD DAY OF APRIL 2013/13TH CHAITHRA 1935
Crl.MC.No. 1209 of 2013 ()
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CRIME NO. 966/2012 OF MANJERI POLICE STATION,
PETITIONERS/ACCUSED:
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1. B.P.MARIYU, AGED 38 YEARS
D/O.THENGAPURACKAL BAVOOTTY, THENGAPURACKAL HOUSE
ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
2. JAYAN AGED 38 YEARS
S/O.ALUNGAL KUTTAPPAN, ALUNGAL HOUSE
VALLAPPUZHA DESOM, PALGHAT DISTRICT.
BY ADV. SRI.RAJIV NAMBISAN
RESPONDENTS:
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1. KERALA STATE
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM
2. ABDUL GAFOOR, AGED 41 YEARS
S/O.AVUNGIPURATH MUHAMMED, AVUNGIPURAT HOUSE
VALIYATTIPARAMBU, MANJERI, MALAPPURAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-04-
2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MNS
Crl.MC.No. 1209 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS:
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ANNEXURE-A1.CERTIFIED COPY OF THE COMPLAINT IN CJM COURT, MANJERI
ANNEXURE-A2.COPY OF THE AGREEMENT DATED 14/5/2010.
ANNEXURE-A3. CERTIFIED COPY OF THE FIR REGISTERED BY MANJERI POLICE.
NO.966.
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.A TO JUDGE
C.T.RAVIKUMAR, J.
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Crl.M.C.No.1209 of 2013
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Dated this the 3rd day of April, 2013
O R D E R
The accused in Crime No.966 of 2012 of Manjeri police station are the petitioners herein. The aforesaid crime has been registered against them alleging commission of offences punishable under Section 420 and 34 of the Indian Penal Code. The contention of the petitioner is that even if all the allegations are taken as correct they will constitute only a civil dispute. I am of the view that the investigation is only in the incipient stage and hence the correctness or otherwise of the allegations cannot be looked into and as such this Court will not be justified in interfering with the investigation at this stage especially when the allegations cannot be said to constitute only a civil dispute. In that view of the matter this petition is liable to fail and accordingly dismissed. However, it is made clear that if after the investigation a final report is laid alleging commission of offence against the petitioner it will open to them to take resort to appropriate remedy, in accordance with law, if the petitioners are so advised.
C.T.RAVIKUMAR JUDGE mns/