Petitioner is the 4th accused in C.C.No.367/2008 on the file of the Judicial First Class Magistrate Court-II, Neyyattinkara. This petition has been filed to quash the proceedings in the criminal case on the ground that there is a fundamental defect in the investigation. According to the learned counsel for the petitioner the police officer who raided the hotel had no authority to do so. He relies on the decision in Radhakrishnan vs. State of Kerala (2008 (2) KLT 521). 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. It is submitted that final report has been filed before the Magistrate Court. If there is a fundamental defect in the prosecution case the proper remedy is to make the submission before the learned Magistrate who may either discharge the accused or drop the proceedings, as the case may be.
In the result, this Crl.M.C is disposed of with a a direction to the learned Magistrate to consider the contention of the accused that there is a fundamental defect in the investigation.
K.ABRAHAM MATHEW JUDGE pm