IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.MC.No. 3792 of 2007() ------------------------- ST.890/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER: ACCUSED ------------------- 1. SURESHKUMAR, S/O. DEVADAS, AGED 39 YRS, RESIDING AT PANTHAMAKKAL HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT.~ 2. GIRISH, S/O. THAMPAN, AGED 40 YEARS, RESIDING AT VELLOORAYYATHU HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 3. KUNJUMON @ JOSEPH, S/O. ABRAHAM, AGED 41 YEARS, RESIDING AT PADALOONKAL HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 4. THOMAS, S/O. JOSEPH, AGED 46 YEARS, RESIDING AT ILIPULIKKATTU HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., IDUKKI DISTRICT. 5. SABU, S/O. PAPPACHAN, AGED 44 YEARS, RESIDING AT PUTHENPARAMBIL HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., IDUKKI DISTRICT. 6. JOSE, S/O. JOSE, AGED 40 YEARS, RESIDING AT KALLUPURAKKAKATH HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 7. BIJU, S/O. GOPI, AGED 28 YEARS, RESIDING AT ITTIKKAL HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 8. KUNJUMON @ SADASIVAN, S/O. NANU, AGED 45 YEARS, KARAPLAKKAL HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 9. RAJU, S/O. CHELLAN, AGED 32 YEARS, RESIDING AT PANTHAMAKKAL HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 10. GIRISH, S/O. KUNJURAMAN, AGED 27 YEARS, RESIDING AT PUTHUVAPPADIKKAL HOUSE, LABBAKKADA KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. 11. JIJI MATHEW, S/O. MATHAI, AGED 32 YRS, RESIDING AT ELIKKULAM HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., IDUKKI DISTRICT. 12. UPENDRAN, S/O. PAPPAN, AGED 47 YEARS, RESIDING AT THALLETTIL HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., IDUKKI DISTRICT. 13. BIJU, S/O. JOSEPH, AGED 30 YEARS, RESIDING AT VELATHAMURI HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., IDUKKI DISTRICT. 14. BIJU, S/O. KUTTY, AGED 37 YEARS, KOCHUPARAMBIL HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., IDUKKI DISTRICT. 15. BABY, S/O. CHACKO, AGED 44 YEARS, KUNNUPURATHU HOUSE, KANJIYAAR KARA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, KATTAPPANA P.O., IDUKKI DISTRICT. 3. THE EXCISE RANGE INSPECTOR, KATTAPPANA EXCISE RANGE, OFFICE OF THE KATTAPPANA EXCISE RANGE INSPECTOR, KATTAPPANA P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3792 of 2007 * * * * * * * * * * * * * * * * * * Dated: 29-01-2008 JUDGMENT Petitioners who are the common accused in C.C. No. 291 of 2003 and S.T. No. 890 of 2006 on the file of the J.F.C.M., Kattappana seek to quash the proceedings in S.T. No. 890 of 2006 on the ground that with regard to the same occurrence they are being prosecuted twice. Trial of C.C. 291 of 2003 has progressed considerably whereas trial of S.T. 890 of 2006 is yet to begin. According to the petitioners, allowing the trial of S.T. 890 of 2006 to be proceeded with will amount to abuse of the process of Court. 2. C.C. No. 291 of 2003 arises out of Crime No. 153 of 2003 of the Kattappana Police Station registered for offences punishable under Sections 143, 144, 147, 332, 324 and 224 read with Sec. 149 I.P.C. The case of the prosecution in that case is that at about 7 p.m. on 8-4-2003 at Labbakkada in Idukki District the petitioners formed themselves into an unlawful assembly with the common object of obstructing the 3rd respondent, Kattappana Excise Inspector and his party from discharging their official duty and attacked the Excise party and inflicted bodily harm to them with a view to rescue an accused person in their custody. With regard to the same occurrence, the Kattappana Excise Range Officer also prosecuted the petitioners by filing a charge sheet in C.R. No. 13 of 2003 of Kattappana Excise Range for offences punishable under Sections 61 and 33(2) of the Abkari Act. The Excise crime was taken on file as S.T. 890 of 2006 by the Magistrate. The trial in C.C. 291 of 2003 Crl.M.C. No. 3792 of 2007 -:2:- has started whereas trial in S.T. 890 of 2006 is yet to commence. 3. The contention of the petitioners that they cannot be simultaneously prosecuted for the aforesaid offences twice, is on the basis of a misapprehension regarding the true legal position. Sec. 26 of the General Clauses Act, 1897 gives the answer to the above contention. The said provision reads as follows:- “26. Provision as to offences punishable under two or more enactments: - Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence”. Thus, there is no legal bar in trying the petitioners for the acts constituting the offences as above and even convicting them. The only embargo is on imposing a punishment against them twice for the same offence. S.T. No. 80 of 2006 pending before the J.F.C.M., Kattappana cannot therefore be quashed. This Crl.M.C. is accordingly dismissed. V. RAMKUMAR, (JUDGE) ani.