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. 745 of 2009() -------------------------------- ST.460/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANOOR .................... PETITIONERS/ACCUSED NOS. 3 &4 : --------------------------------------------------- 1. ELIKUTTY JOSEPH, W/O. A.M.JOSEPH, AGED 65, ANITHOTTATHIL, MONIPALLY, KOTTAYAM. 2. A.M.MATHEW, S/O.MATHAI, AGED 65 YEARS ANITHOTTATHIL, MONIPALLY, KOTTAYAM. BY ADVOCATES MR.GEO PAUL MR..SANU MATHEW MR..C.R.PRAMOD MR..M.B.SANDEEP MR..REJANISH.K.V. RESPONDENT/COMPLAINANT/ STATE: -------------------------------------------------------- 1. THOMAS.P.M., AGED 59 YEARS PADAVATHIL HOUSE,NEENDOOR PO, KOTTAYAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY 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. 745 OF 2009 --------------------------------- Dated this the 24th day of February, 2009 O R D E R This petition is filed to quash Annexure A1 complaint against the petitioners in S.T. 460/2007 of the Judicial First Class Magistrate Court, Ettumannoor. The present petitioners are arrayed as accused Nos. 3 and 4 in the private complaint filed. The present petitioners are the mother of the 1st accused and uncle of the 1st accused. While taking cognizance by an order dated 7.5.2007, the court held that there are sufficient grounds to proceed against A1 and A2. But as the proceedings progressed it is seen that the Magistrate has issued summons to A3 and A4. Since he has not taken cognizance against those persons, there was no need to issue any summons to A3 and A4 in the case. Therefore I direct the learned Magistrate not to proceed against A3 and A4 for the reason that the learned Magistrate himself had taken cognizance only against A1 and A2. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm