IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Crl.MC.No. 970 of 2009(A) ------------------------------ CC.694/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED 1 &2: --------------------------------------- 1. SOMAN,S/O.THEVAN, KARUVELIL VEEDU, THURUTHIMALA, EDAYARANMULA MURI, EDAYARANMULA VILLAGE 2. BIJU P.B. S/O.BHASKARAN, PULIKKUNNIL VADAKKECHARUVIL, ERUMAKKAD P.O. EDAYARANMULA MURI, EDAYARANMULA VILLAGE BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ARANMULA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 970 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009. O R D E R This petition is filed to quash the final report filed by the Police in Crime No.62/07 of the Aranmula Police Station. The offences involved are Ss.20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Rules 48(k) and 58(1) of the Kerala Minor Mineral Concession Rules and other offences u/s 146 and 196 of M.V. Act. I have perused the charge sheet and it it too premature a stage to quash the proceedings with the materials available and the limit of the High Court u/s 482 has to be well understood and it shall not exceed its limit while invoking that jurisdiction. If there are no factual foundations which can be established at the time of or before filing of the charge it is always permissible for the party to move for discharge and the Court where the matter is pending is Crl.M.C. 970 OF 2009 -:2:- bound to consider the discharge application and pass orders in accordance with law. So with the said liberty to move the Court for discharge this Crl.M.C is closed. M.N. KRISHNAN, JUDGE. ul/-