IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Crl.MC.No. 3368 of 2005() ------------------------- CC.248/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER(S): ACCUSED34, 50, 52 & 106: ------------------------------------------------- 1. YESUDAS, S/O. ANTONY, VALLITHALAM VEEDU, P.O. VARAPPUZHA. 2. JOJO. K., S/O. PAULOSE, KONICHU VEETTIL VEEDU, AMBALAMUGAL P.O., ERNAKULAM. 3. R. NEELAKANDAN NAMBOOTHIRI, S/O. RAMAN NAMBOOTHIRI, THANAL, TRIKKAKARA, KOCHI-21. 4. ABDUL AZEEZ, S/O. KOCHUMUHAMMED, NADAKKAL VEEDU, PINARMUNDA, PALLIKKARA, ERNAKULAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT: STATE: ------------------------ STATE OF KERALA, REPRESENTED BY ITS SUB-INSPECTOR OF POLICE, POLICE STATION, CHITTOOR, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SHRI THOMAS JOHN AMBOOKKEN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.12505/05 IN CRL.M.C.NO.3368/05 //DISMISSED// 6.2.09 SD/-M.C.HARI RANI, JUDGE. M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No. 3368 OF 2005 ----------------------------------------------------- DATED THIS THE 6TH DAY OF FEBRUARY , 2009 O R D E R Petitioners are accused Nos.34, 50, 52 and 106 in C.C.Nos.248/03 pending on the file of the Court of Judicial First Class Magistrate's Court, Chittoor and they were charged for the offences punishable under sections 143, 147, 188, 341, 283 and 353 read with Section 149 of IPC. Annexure A1 is the true photostat copy of the FIR in Crime No.124/02. Annexure A2 is the copy of the charge sheet in C.C.No.248/2003. The prayer in this petition is to quash Annexures A1 and A2 against the petitioners. 2. Heard the learned counsel appearing for the petitioners and also the learned Public Prosecutor. 3. It is submitted by the learned counsel appearing for the petitioners that all the Petitioners are innocent and no offence has been committed by them and they were not involved in any of the offences. 4. This petition is opposed by the learned Public CRL.M.C.No. 3368/05 2- Prosecutor and submitted that altogether 114 accused are there and there are no merits in this petition. 5. The learned counsel appearing for the petitioners has produced the judgment in W.P.(C)No.27051/04 of this Court, whereby proceedings against 53rd accused in C.C.No.248/2003 has been quashed as per order dated 30.11.2004 in the petition filed under Article 227 of the Constitution of India. On a perusal of that order, it is revealed that the 53rd accused, the petitioner in that Writ petition, is an Alloepathy Doctor practising in Kochi and this Court has found that the petitioner therein, the 53rd accused has been implicated by the police “only to harass and desist him from participating in the agitation against the company.” 6. On hearing the learned counsel appearing for the petitioners and also the learned Public Prosecutor, I find no reason to invoke the inherent jurisdiction of this Court under Section 482 of Cr.P.C., which can be applied only sparingly and with caution. The prosecution is bound to prove the prosecution case by adducing evidence. Whether the petitioners herein have committed any offence or not are matters to be decided by the trial Judge, after considering the evidence on record. This Court cannot jump into the conclusion that no offence has CRL.M.C.No. 3368/05 3- been committed by the petitioners herein as prayed for in this Crl.M.C. The involvement and the complicity of the petitioners in the alleged offence are yet to be decided. In these circumstances, this Crl.M.C. is devoid of merits and hence dismissed. M.C.HARI RANI, JUDGE. dsn