IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 Crl.MC.No. 220 of 2010 -------------------------------- (CC.NO.647/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR, CRIME NO.229/2009 OF PANDALAM POLICE STATION) .................... PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------------------------- 1. AJITHKUMAR, S/O.VASUDEVAKURUP, `TAMARATHURUTHIL HOUSE', NJETTOOR MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. 2. RAVEENDRAN, S/O.SHANKARAPILLA, RESIDING AT `TAMARATHURUTHIL HOUSE', NJETTOOR MURI, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. MR.SAKIR.K.H. RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. NAZAR.S.U. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2010, ALONG WITH CRL.M.C. NOS. 221/2010 & 229/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. --------------------------- Crl.M.C Nos.220, 221 AND 229 OF 2010 ------------------------------------------------------- Dated this the 3rd day of February 2010 ----------------------------------------------------- ORDER All these petitions are filed under Section 482 of the Cr.P.C to quash the respective proceedings in each of the petitions. 2. It is unnenecessary to go into the details of these cases for the simple reason that these petitions can be disposed of on a short term. In all these petitions, cognizance of the offences have been taken by the Magistrate Courts concerned based on police report filed under Section 173(2) Cr.P.C. This court in the decision "Moosa Koya v State of Kerala” reported in (2008(1) KLT 538) has held that cognizance cannot be taken on a police report and that a complaint will have to filed by the authority concerned on which alone cognizance can be taken. In the light of the said decision further proceeding cannot be continued. 4. In the result, proceedings in all the cases shall stand quashed reserving the liberty of the State to take such steps in accordance with law. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE