IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.MC.No. 3868 of 2010() ------------------------- CC.510/2010 of JUDL.FIRST CLASS MAGISTRATE COURT, KOLENCHERRY .................... (CRIME NO.111/2010 OF PUTHENCRUZ POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. MANIKUTTAN, AGED 35 YEARS, PULIYANICKAL HOUSE, KINGINIMATTOM KARA, KOLENCHERY P.O. 2. SUNISH, AGED 35 YEARS, NEDUMOLAYIL HOUSE, PALACKAMATTOM KARA,KOLENCHERY P.O. 3. SHIBU, AGED 30 YEARS, THALANGATTIL HOUSE, PERINGOLE KARA,KOLENCHERY. 4. MANI, AGED 37 YEARS, S/O.KRISHNAN NAIR, EDAYAMKOTTU HOUSE, EZHIPRAM KARA, AIKARANADU NORTH VILLAGE. BY ADVS. SRI.JOY C. PAUL, DR.ABRAHAM P.MEACHINKARA RESPONDENT(S): STATE: ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Kss ..2/- ..2... CRMC.NO.3868/2010 *ADDL.R2 IMPLEADED: R2. SARATH, S/O. PURUSHAN, VADASSERIVELI HOUSE, KALAVAMKODU KARA, CHERTHALA NORTH VILLAGE, ALAPPUZHA DISTRICT. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 19/10/2010 IN CRL.M.A.NO.6219/2010) R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3868 OF 2010 =========================== Dated this the 12th day of November,2010 ORDER Petitioners are the accused in C.C.510/2010 on the file of Judicial First Class Magistrate Court, Kolenchery taken cognizance for the offences under section 341,323,324, 506(1), 294 (b) read with section 34 of Indian Penal Code. Petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that there is a delay of six days in lodging the F.I.R and ingredients of the offence are not established and in such circumstances the case is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel and going through Annexure VIII final report, I do Crl.M.C.3868/2010 2 not find that it is for this court to appreciate the entire evidence and quash the proceedings as sought for. Petitioners are entitled to raise all the contentions raised herein before the learned Magistrate and seek an order of discharge under section 239 of Code of Criminal Procedure. If petitioners files applications under section 205 of Code of Criminal Procedure to dispense with their presence for the purpose of claiming an order of discharge under section 239 of Code of Criminal Procedure, learned Magistrate not to insist for their presence. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006