HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4932 of 2​008 ORDER: The petitioner herein is the fifth accused in C.C.No.38 of 2005 on the file of the Court of the Judicial First Class Magistrate at Armoor (criminal Court). He filed this petition under Section 482 of the Code of Criminal Procedure (Cr.P.C) to quash the proceedings against him in the above criminal case. 2. A perusal of the charge sheet copy filed in the said criminal case in question would show that it is registered for the offences punishable under Sections 147, 324 and 325 read with Section 140 of IPC. There are altogether twelve (12) accused in the said case and the allegations relate to rioting and causing simple and grievous hurt. 3. The plea of the petitioner is that on the date and time of the alleged incident i.e. on 31.10.2003 at 4.00 PM he was not at the place of offence but he was writing or appearing for BA Political Science paper examination which was conducted in the degree college at Armoor and therefore his version is that he has been falsely implicated in the case. It is also stated that the allegations made against him are very bald. 4. It is thus clear that the petitioner has taken a plea of alibi and this is a matter to be decided on evidence. Thus it cannot be said that this is a case where the allegations even if believed to be true do not disclose any offence and this Court in these proceedings cannot decide about the truthfulness or otherwise of the defence of alibi taken by this petitioner and as already mentioned supra that has to be decided by the criminal Court after recording evidence. In these circumstances it follows that there are no merits in this criminal petition and it is accordingly dismissed. ______________________ N. RAVI SHANKAR, J 25th March 2011 CVRK