IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 2294 of 2006() ------------------------- CC.329/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED: -------------------------------------- 1. KAIPROVAN KRISHNAN, AGED 50 YEARS, S/O.RAGHAVAN NAMBIAR, KOROM. 2. ANADYIL PADINJALTAYIL KADHOOSOODHANAN, AGED 46 YEARS, S/O.K.P.ANANDA PODUVAL, VELLU AMSOM. 3. KAZHAKKARAN KRISHNAN, AGED 56 YEARS, S/O.KANNAN, KARIVELLUR AMSOM, KANNUR. 4. NITIYAM VEETTIL NARAYANAN, AGED 50 YEARS, S/O.RAMAN MANAYANI, RAMANILAYAM, ONAKKUNNU, KARIVELLUR.P.O, KANNUR. 5. VIJAYAN.P., S/O.KANNAN, PANAKKACHERI HOUSE, KOZHUMMAL.P.O., KANNUR. 6. K.ABDULLA, DARUSSALAM, MATHAMANGALAM.P.O, BAZAR, KANNUR. 7. GANGADHARAN.A.V., S/O.K.V.NARAYANAN, VELLUR.P.O, M.M.BAZAR VIA., KANNUR. 8. K.V.VENUGOPALAN, S/O.CHIRUKANDAN, PERUL PARATHODE, M.M.BAZAR, KANNUR. 9. KARUNAKARAN NAMBIAR, S/O.CHINDAPODUVAL, PERUL, M.M.BAZAR, KANNUR. BY ADV. SRI.M.SASINDRAN SRI.M.B.PRAJITH (.................2) -: 2 :- RESPONDENT(S): COMPLAINANT:- ------------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.C.M.KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J = = = = = = = = = = = = Crl.M.C.No.2294 of 2006. = = = = = = = = = = = = Dated this the 15th day of January, 2010. O R D E R Petitioners are the accused in CC.No.329 of 2002 on the file of the Judicial Magistrate of the First Class, Payyannur for offences under Section 143, 147, 447, 341 read with 149 IPC. The Assistant Public Prosecutor, who was conducting the prosecution, filed a petition under Sec.321 of the Crl.P.C., copy of which is produced as Annexure-A2 seeking order to withdraw the prosecution. It was dismissed. Thereupon a second petition, copy of which is produced as Annexure-A3 was filed for the very same relief. By Annexure-A4 order, which reads: “petition dismissed as already similar petition was dismissed and no new grounds arises”, that petition was dismissed. Seeking an order to quash the proceedings in CC.No.329 of 2002, this Crl.M.C. was filed Crl.M.C.No.2294 of 2006. -: 2 :- under Section 482 of the Code of Criminal Procedure. 2. It is not disputed that Annexure-A4 order is a revisable one. According to the learned counsel for the petitioners, Annexure-A4 order is not at all sustainable when the Public Prosecutor filed the petition to withdraw the prosecution. The petition should have been allowed and prosecution ought to have been withdrawn. It is with that plea, the proceedings before the trial court was sought to be quashed. The mere fact that a wrong order was passed on a petition to withdraw the prosecution is not at all a ground to quash the entire proceedings in the Criminal Miscellaneous Case. Annexure-A4 order, being one revisable, the remedy is open to the petitioners to challenge the legality, correctness and propriety of the same. This Criminal Miscellaneous Case under Sec.482 of the Crl.P.C. is a misconceived one. In the above circumstance, this Criminal Miscellaneous Crl.M.C.No.2294 of 2006. -: 3 :- Case is dismissed without prejudice to the right of the petitioners to assail Annexure-A4 order in appropriate proceedings. P.S.GOPINATHAN, JUDGE KVS/-