IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 3832 of 2007() ----------------------------- C.C. NO. 422/2004 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA. CRIME NO. 447/2003 of TALIPARAMBA POLICE STATION PETITIONER: ACCUSED 2 AND 3 --------------------------- 1. P.P.E.BASHEER, BASHEER MANZIL, ERINAVU. 2. PATHIYA PURAYIL MARIYAM, BASHEER MANZIL, ERINAVU. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: COMPLAINANT ----------------------------------- 1. STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RUKKIYA, D/O.MOIDEENKUTTY, CHANTHINTAKATHU HOUSE, KUTTIYAR AMSOM, PANANGATOOR. BY ADV. SRI. NOBLE MATHEW, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3832of 2007 ========================== Dated this the 18th day of January, 2008. ORDER The petitioners, who are accused Nos. 2 and 3 in crime No. 447 of 2003 of Taliparamba Police Station for offences punishable under Sections 34, 323, 294(b), 498A and 506(ii) r/w Section 34 IPC and now pending before the Judicial First Class Magistrate, Taliparamba as C.C. No. 422/2004, seeks to quash the proceedings before the said Magistrate. 2. The question as to whether the complaint was lodged long after the occurrence and whether a valid explanation has been given for the delay and the further question as to whether the 3rd accused was elsewhere on the date of occurrence, are matters which may have to be considered by the trial court at the appropriate stage. I am not inclined to accept the contention of the petitioner that the complaint does not, prima facie, discloses the alleged offences. No doubt, the further question as to whether those offences have been established is a matter to be considered after trial. I see no ground to quash the proceedings before court. This Crl. M.C is accordingly dismissed. V. RAMKUMAR, JUDGE. rv