IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 4121 of 2009() ------------------------- CC.455/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD (CRIME NO.159/09 OF MANJESWAR POLICE STATION, KASARAGOD) .................... PETITIONER(S): ACCUSED 1 TO 5 ----------------------------- 1. THAMEED, S/O.MUHAMMED, AGED 25 YEARS, MGP IV/347, NEAR GPM COLLEGE, MANJESWAR, UDYAWAR VILLAGE, KASARGOD. 2. MOHIYUDEEN, S/O.MOHAMMED KUNJI,AGED 32 YEARS, MG IV/310, KJM ROAD, MANJESWAR, UDYAWAR VILLAGE, KASARGOD. 3. ASHRAF @ ABU, S/O.IBRAHIM, AGED 28 YEARS, MGP IV/204, KJM ROAD, MANJESWAR, UDYAWAR VILLAGE, KASARGOD. 4. SALAM @ MOHAMMED ASLAM, S/O.BAVA FAKKRUDEEN, AGED 36 YEARS, MGP IV/310, KJM ROAD, MANJESWAR, UDYAWAR VILLAGE, KASARGOD. 5. SHOUKATH ALI, S/O.SULAIMAN, AGED 25 YEARS, MGP IV/478, NEAR GPM COLLEGE, MANJESWAR, UDYAWAR VILLAGE, KASARGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): DEFACTO COMPLAINANTS AND STATE --------------------------------------------- 1. M.SHAIK, S/O.ISMAIL, AGED 32 YEARS, PIRALAMOOLA HOUSE, HOSANGADI, BANGARA, MANJESWAR, KASARGODE. 2. C.H.MOHAMMED RAFEEK, S/O.ABDULLA, AGED 32 YEARS, KOTTAKKAL HOUSE, THURUTHI, CHERUVATHUR VILLAGE, HOSDURG TALUK, KASARGODE DISTRICT. 3. THE S.I OF POLICE, MANJESWAR POLICE STATION, KASARGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.P A SALIM SMT.C.G.PREETHA FOR R1 & 2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.4121 of 2009-E ------------------------------------- Dated 28th January 2010 Order This is a petition, filed under Section 482 of the Code of Criminal Procedure, seeking to have all further proceedings in Crime No.159/09 of Manjeswar Police Station, quashed. 2. The petitioners are arrayed as Accused Nos.1 to 5 in the said crime, for having committed the offences punishable under Ss. 143, 147, 148, 323, 324, 341 and 427 r/w 149 IPC. The F.I.R. is produced as Annexure A1. The allegation against the petitioners is that they formed into an unlawful assembly, armed with deadly weapons, blocked the N.H. Road at Manjeswar and thereby restrained Autorickshaw bearing No.KL-14/B-685, in which the defacto complainants were travelling and beat them up. They also caused damages to the autorickshaw to the tune of Rs.5,000/-. The final report in the case was laid before Court and the Chief Judicial Cr.MC No.4121/09 2 Magistrate's Court took cognizance of the offence as CC No.455/09. The petitioners would point out that the allegations raised against them are false and made with ulterior motives. They also submitted that no purpose will be served by proceeding further with the matter. They relied on the decision in Madan Mohan Aboot v. State of Punjab (2008(3) KLT 19(SC), in support of their contentions and submitted that the proceedings are liable to be quashed. 3. It is difficult to accept the plea of the petitioners. The case does not relate to pure personal matters. In such cases, one fails to understand, how the compounding can help the petitioners at all. Apart from the said fact, damages have been caused to the autorickshaw, to the tune of Rs.5,000/-. There is nothing stated about that aspect of the matter in the petition filed by the petitioners. If the petitioners have a case that no offences are made out against them, they may move for Cr.MC No.4121/09 3 discharge. With the above observation, this petition stands dismissed. P.BHAVADASAN, JUDGE sta Cr.MC No.4121/09 4