ORDER :

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash Annexure A1 First Information Report in Crime No.295/2024 of Chengamanad Police Station, Ernakulam. The petitioner herein is the sole accused in the above crime.

2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the available documents.

3. In this matter, when a private complaint, alleging commission of offence punishable under Section 494 of IPC, was lodged before the Magistrate, the learned Magistrate forwarded the same for investigation to the police and accordingly, crime No.295/2024 of Chengamanad police station, Ernakulam has been registered. Now investigation has been going on.

4. According to the learned counsel for the petitioner, the police could not investigate an offence punishable under Section 494 of IPC and it is the domain of the Magistrate to deal with the complaint in view of the mandate under Section 198 of Cr.P.C. She has placed decision of this Court in Sali Antony and Another v. State of Kerala and Anothe