IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 282 of 2010() ------------------------ LP.28/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM (CRIME NO.340/02 OF MEDICAL COLLEGE POLICE STATION) .................... PETITIONER(S): ACCUSED NOS.1 TO 6 --------------------------------- 1. PRAKASH, S/O.DIVAKARAN, "PRAKASH MANDIRAM", VVAGANAD DESOM, VEMBAYAM. 2. SHIBU, S/O.MOHANAN, SHABU BHAVAN, KALAMASSERU MUNICIPALITY. 3. DIJU DANIEL, KAVITHA BHAVAN, KEEZHMUTTOM VILLAGE, KARAKULAM. 4. NAJEEM, S/O.ABDUL GAFOOR, NIZAM COTTAGE, PALITHARA MURI. AIRAPARA VILLAGE. 5. BINU, S/O.MATHEW, ARUTHILTHOMIMMIKKAL HOUE PAYAM PANCHAYAT, KANNUR 6. MITHUN MOHAN, JEEVA HOME, THOPPUMPADY KOCHI BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENT(S): --------------- STATE OF KERALA THRO' BY SI OF POLICE MEDICAL COLLEGE POLICE STATION REP BY PUBLIC PROSECUTOR, HIGHCOURT OF KERALA ERNAKULAM PP SRI.NAZAR S U THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.282 of 2010 ------------------------------------- Dated 28th January 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have Annexure II charge sheet quashed. 2. The petitioners would submit that the allegations raised in the said charge sheet are false, made with ulterior motives by a person who availed of a loan from their Bank. It is stated that the summons issued form the Court was in the wrong address and therefore, it was not served on them. Consequently, warrant was issued, which according to the petitioners, was improper and illegal. They submit, the warrant ought not have been issued to them. 3. Whatever that be, since warrant has been issued, it is for the petitioners to appear before the Court and appraise the Court of the true state of affairs and seek CR MC 282/10 2 recall of the warrant. There will be a direction to the learned Magistrate to consider the application if any filed by the petitioners, seeking to recall the warrant on the grounds mentioned above and also dispense with the personal appearance of the petitioners for that purpose. Subject to the above directions, this Petition is disposed of. P.BHAVADASAN, JUDGE sta CR MC 282/10 3