IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Crl.MC.No. 757 of 2009() ----------------------------------- CRIME NO.228/2008 OF KARUNAGAPPALLY POLICE STATION ........ PETITIONER(S): ACCUSED 1 TO 5 ----------------------- 1. GIRISH, S/O.RAMACHANDRAN, PUTHEN VEETTIL HOUSE, VADAKUMURIYIL AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLY TALUK. 2. RAJESH, S/O.RAMACHANDRAN PUTHEN VEETTIL HOUSE, VADAKKUMURIYIL AYANIVELIKKULANGARA VILLAGE KARUNAGAPPALLY TALUK. 3. BIJU, S/O.VIJAYAN, PUTHENTHARA VEETTIL, VADAKKUMURIYIL AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLY TALUK. 4. VISHNU, S/O.KRISHNANKUTTY, PERASSERY PADIYITTATHIL,KOZHIKODE MEKKUMURIYIL, AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLY TALUK. 5. SHIBU, S/O.RAMACHANDRAN, THARAYIL VEETTIL, KOZHIKODE MEKKUMURIYIL AYANIVELIKKULANGARA VILLAGE, KARUNAGAPPALLY TALUK. BY ADVS. MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN RESPONDENT(S): ----------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 757 OF 2009 --------------------------------- Dated this the 24th day of February, 2009 O R D E R This Crl.M.C is filed with a prayer to quash Annexure A1 final report to the extent of inclusion of Section 307 IPC against the petitioners. Section 307 is attempt to kill somebody. It deals with the topic of an attempt to murder. Here the petitioners are charge sheeted by the police for offences under Sections 143, 147, 148, 341, 323, 324, 326, 294(b), 307 r/w 149 IPC. I had perused the wound certificate produced which shows that for one person there had been a fracture of the nasal bone coupled with other lacerated and other injuries. Three persons had been injured and four other persons also have sustained serious injuries. It is specifically alleged that iron rod and stones were used for the purpose of committing the crime. So there are such serious injuries on the persons. When it is so one cannot at the thresh hold throwaway the case under Section 307 IPC. Therefore at this stage it is not proper to delete Section 307 of the IPC from the police charge sheet. Therefore the Crl.M.C is dismissed. M.N. KRISHNAN,JUDGE vkm