IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1182 of 2011() ------------------------- CC.212/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II,ALAPPUZHA CRIME NO.552/2008 OF ALAPPUZHA POLICESTATION .................... PETITIONER(S): ACCUSED NOS. 1 TO 4 ---------------------------------- 1. JEEVAN, S/O.SANKARA AYYER, SANKARA VILASOM, MULLACKAL WARD, ALAPPUZHA. 2. THANKAPPAN, RAGHAVAN, KANNITTAPPARAMBU, WARD NO.14, ARYAD PANCHAYATH, ALAPPUZHA. 3. GANESAN, S/O.SREENIVASAN, VELAMPARAMBU WARD NO.14, ARYAD PANCHAYATH, ALAPPUZHA. 4. ABHILASH, S/O.RAGHAVAN, KATTUNKAL VEEDU, NEAR S.N.THEATRE, ARYAD PANCHAYATH, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1182 of 2011 -------------------------------------- Dated this the 7th day of April, 2011. ORDER Petitioners are accused 1 to 4 in Crime No.552 of 2008 of Alappuzha Police Station and C.C.No.212 of 2011 of the court of learned Judicial First Class Magistrate-II, Alappuzha for offence punishable under Section 431 read with Section 34 of the Indian Penal Code (for short, “the IPC”). Charge is that on 07.10.2008 at about 1 a.m. petitioners in order to provide convenience in front of the textile shop of petitioner No.1 prepared concrete mixture on the road and thereby committed offence as above stated. According to the learned counsel no offence under Section 431 of the IPC is made out as it is not a case where on account of any act of petitioners the road was made impassable or less safe for travelling or conveying property. 2. It is submitted by learned counsel that the case is posted for framing charge on 08.04.2011. It is open to the petitioners to raise appropriate contentions before the learned Magistrate. It is within the power of learned Magistrate to consider whether offence under Section 431 of the IPC is made out and if not, whether any other offence as mentioned in the IPC is made out and if so, proceed accordingly. I do not find reason to interfere in the proceeding at this stage. 3. It is submitted by learned counsel that petitioners may be Crl.MC No.1182/2011 2 permitted to appear through counsel and plead discharge. That necessarily is a plea which petitioner could urge before the learned Magistrate and if so urged, learned Magistrate shall consider the request and pass necessary orders. With the above observation this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks