IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Crl.MC.No. 794 of 2009(B) ----------------------------- CC.474/2008 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA CRIME NO.251/07 OF ERATTUPETTA POLICE STATION .................... PETITIONER(S): ACCUSED: ---------------------------------- 1. SAIJU VARGHESE, PLATHANATHU, KUNNAMTHANAM, THIRUVALLA. 2. SAJI VARGHESE, PLATHANATHU, KUNNAMTHANAM, THIRUVALLA. 3. P.VINOD KUMAR, PLATHANATHU, KUNNAMTHANAM, MALLAPPALLY, THIRUVALLA. BY ADV. SRI.T.S.JOHN RESPONDENT(S): COMPLAINANT: -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 794 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2009. O R D E R This petition is filed with a prayer to quash all further proceedings in C.C.474/08 on the file of the Judicial First Class Magistrate Court, Erattupetta. The subject matter appears to be an altercation between the parties and the Sub Inspector of Police registered petty cases against two persons and they were ordered to pay a fine of Rs.100/- each. Thereafter a private complaint is filed and it is taken cognizance of by the learned Magistrate and it is pending before that Court. If the materials available are of such a nature that it cannot be proceeded with or a charge cannot be framed I give the liberty to the petitioners herein to move an application for discharge and direct the Court below to consider that application as expeditiously as possible after hearing all concerned. Reserving the said right the Crl.M.C is dismissed. M.N. KRISHNAN, JUDGE. ul/-