The court emphasized the necessity for prompt investigation in criminal cases, especially in preventing prejudice to the accused, even when considering the validity of the FIR.

ORDER

This Criminal Miscellaneous Case is filed to quash the FIR in Crime No.383/2023 of the Kadavanthra Police Station, Ernakulam. The above case is registered alleging offences punishable under sections 417 and 420 of the Indian Penal Code .

2. The contention of the petitioner is that, event if the entire allegations in the FIR is accepted in toto, no offence is made out. The learned counsel for the petitioner submitted that, a false case is foisted against the petitioner by the 2nd respondent. It is also submitted that the above case is used to defame the petitioner also.

3. After hearing the learned counsel for the petitioner, learned Public Prosecutor and the learned counsel appearing for the 2nd respondent, I am of the considered opinion that, this Court need not stall the investigation which is going on. But, there is some force in the argument of the petitioner that since the investigation is delayed, there is prejudice to the petitioner. I am of the opinion that the Investigating Officer should complete the investigation within two months.

Therefore, this Crl.M.C is disposed of directing the Investigating Officer in Crime No.383/2023 of Kadavanthra Police Station, Ernakulam to complete the investigation as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this order.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF CRL.MC 4217/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.

383/2023 OF KADAVANTHRA POLICE STATION Annexure A2 A TRUE COPY OF BANK STATEMENT OF ICICI BANK DATED 19.04.2023 Annexure A3 A TRUE COPY OF THE COMPLAINT DATED

27.03.2023 Annexure A4 A TRUE COPY OF THE COMPLAINT DATED

02.04.2023 Annexure A5 TRUE COPY OF WHATSAPP MESSAGE DATED

18.04.2023 RECEIVED BY THE SON OF THE PETITIONER Annexure A6 TRUE COPY OF WEB NEWS PUBLISHED IN WWW.MYKOCHINEWS.COMDATED 16.04.2023 Annexure A7 A TRUE COPY OF THE NOTICE DATED

24.04.2023 Annexure A8 A TRUE COPY OF THE REPLY SENT BY THE 2ND RESPONDENT DATED 29.04.2023 Annexure A9 A TRUE COPY OF THE ORDER DATED

11.05.2023 RESPONDENT ANNEXURES Annexure R2(a) True copy of the Whats App Chat between the petitioner and respondent No.2 dated

2.9.2022 Annexure R2(b) True copy of the Whats App chat between the petitioner and respondent No.2 dated

4.9.2022 Annexure R2(c) True copy of the Whats App chat between the petitioner and respondent No.2 dated

4.9.2022 Annexure R2(c1) True copy of the Whats App chat between the petitioner and respondent No.2 dated

26.9.2022 Annexure R2(d) True copy of the Whats App chat between the petitioner and respondent No.2 dated

30.10.2022 Annexure R2(d1) True copy of the Whats App chat between the petitioner and respondent No.2 dated

18.11.2022 Annexure R2(d2) True copy of the Whats App chat between the petitioner and respondent No.2 dated

8.12.2022 Annexure R2(e) True copy of the Whats App chat between the petitioner and respondent No.2 dated

9.11.2022 Annexure R2(f) True copy of the Whats App chat between the petitioner and respondent No.2 dated

9.11.2022 Annexure R2(g) True copy of the Whats App chat between the petitioner and respondent No.2 dated

30.10.2022 Annexure R2(h) True copy of the Whats App chat between the petitioner and respondent No.2 dated

9.11.2022 Annexure R2(i): True copy of the Whats App chat between the petitioner and respondent No.2 dated

4.1.2023 Annexure R2(j) True copy of the Whats App chat between the petitioner and respondent No.2 dated

3.2.2023 Annexure R2(k): True copy of the Whats App chat between the petitioner and respondent No.2 dated

26.2.2023 Annexure R2(l): True copy of the email sent by the respondent No.2 to the petitioner dated

28.2.2023 Annexure R2(m) True copy of the Whats App chat between the petitioner and respondent No.2 dated

1.3.2023