IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Crl.MC.No. 959 of 2009() --------------------------------- CRIME NO.585 OF 2007 OF KONNI POLICE STATION .................... PETITIONER/2ND ACCUSED --------------------------------------- HARISH S/O.GANGADHARAN, AGED 25, KESAVA NILAYAM, ARUVAPULAM VILLAGE, KOZHENCHERRY TALUK. BY ADV. MR.T.M.JAFFARKHAN MR.S.SREEKUMAR RESPONDENTS/COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUDHAKARAN, S/O.NARAYANAN, VILAYIL HOUSE, MLANTHADOM, ARUVAPULAM VILLAGE, KOZHENCHERRY TALUK. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 959 of 2009 ORDER ON CRL. MA NO.1372/2009 IN CRL. MC. NO.959/2009 DISMISSED 31/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 959 OF 2009 = = = = = = = = = = = = = = = Dated this the 31st day of March, 2009. O R D E R This petition is filed with a prayer to quash the charges u/s 3(1)(x) of SC/ST Act and 354 of IPC in Annexure-II final report in C.P.7/08. The learned counsel for the petitioner strongly canvasses before me even if it is true for argument sake that it was not uttered from a public place and further it does not ipso fact attract the offence for the reason that they have not been insulted in front of the public. The alleged incident is said to have been taken place inside the house and varandha of the house. I feel that these are all matters which requires factual consideration and the scope u/s 482 Cr.P.C. to quash the FIR or at least the charge should be only in the absence of relevant materials to constitute an offence as envisaged under Section. Whether the facts are true or not is a matter that the Court has to consider at this stage but when the Court files a charge u/s 227/228 there is always a chance for the party to bring to the notice of the Crl.M.C. 959 OF 2009 -:2:- Court regarding the documents based on which the case is proceeded with and relying upon the same can plead for discharge. With liberty to do so, this Crl.M.C is closed. I direct the Sessions Court to consider this question at the time of hearing u/s 227 Cr.P.C. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-