IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4901 of 2003 ------------------------------- CRMP.725/1993 of SESSIONS COURT, MANJERI (CMP 4962/2003 IN CC.239/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR . ................... PETITIONER: ------------------ 1. NOUFAL, S/O. KHALID HAJI, VALLARAVALAPPIL HOUSE, THRIKKULAM AMSOM DESOM. 2. VISWANATHAN S/O. NAYADIKUTTY, KUTIYARICHAYIL HOUSE, THRIKKULAM AMSOM DESOM. BY ADV. SRI.K.RAMACHANDRAN SRI.R.V.SUJIT KUMAR RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 4901 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008. Order Petitioners who are C.Ws.1 and 2 respectively, in C.C.No.239 of 2000 on the file of the Judicial Magistrate of First Class, Tirur have filed this petition under Section 482 of the Code of Criminal Procedure seeking to quash Annexure II order passed by the learned Magistrate rejecting their prayer to recall them for further examination and commit the above case to the Sessions Court, for trial of the offence punishable under Section 3(1)(x) of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act , 1989. 2. Admittedly, the Police had laid the charge sheet against the four accused in the above crime for the offences punishable under section 341 and 394 read with Section 34 IPC. But according to the petitioners, the Police had initially registered the crime incorporating the offence punishable under section 3(1)(X) of the Act. But later, the Police had deliberately deleted the above section. This aspect came to the notice of the petitioners only when they were examined before the learned Magistrate in CC.No.239/2000. Petitioner No.2 who is stated to be a Harijan contends that the action of the Police in deleting Section 3(1)(x) of the Act was deliberate. 3. But the learned Magistrate noticed that petitioner No.2 had no case that any atrocity as envisaged under the Act had been committed against him by the accused, when the first information was lodged. Similarly, at the time of examination in the court also, petitioners had no such case. It was in the above circumstances that the learned Magistrate had rejected the Crl.MC.No.4901/2003 : 2 : application filed by the petitioners requesting the court to commit the case to the Sessions. I do not find any material illegality or irregularity in the order passed by the learned Magistrate. 4. There is yet another reason to reject this petition. 5. When this petition had come up for admission on October 17, 2003, this Court had directed the petitioners to implead the accused in CC.No.239/2000 in this Crl.M.C Interim stay of all further proceedings was granted by this Court for three months. Thereafter stay was extended only for two months by order dated January 19, 2004. Stay was not extended thereafter. But till date petitioners have not taken any step to implead the accused in this Crl.M.C. For the aforesaid reason also I am satisfied that this Crl.M.C cannot be entertained. Therefore the Crl.M.C is dismissed. A.K. BASHEER Judge an.