IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 1136 of 2007() (CRIME NO. 171 OF 2004 OF PATHANAMTHITTA POLICE STATION) PETITIONER: ------------ VARGHESE KOCHETH, S/O.JOHN, AGED 58, KOCHETH BUNGLOW, MOKKAM KUNNU P.O., PATHANAMTHITTA, PIN-689 645, NOW RESIDING AT A.M.DEVEBACH-36, KREFELD 47809.GERNMANY. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PAUL ROJ, S/O.FRANCIS, F.G.HOUSE, SANTHOSH JUNCTION, PATHANAMTHITTA. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR SRI.R.SURENDRAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1136 of 2007 * * * * * * * * * * * * * * * * * * Dated: 20-02-2008 ORDER The petitioner who is the 5th accused in Crime No. 171 of 2004 of Pathanamthitta Police Station registered for offences punishable under Sections 120 B, 394 and 307 I.P.C. seeks to quash the F.I.R., final report and all further proceedings in C.P. No. 84 of 2005 on the file of the J.F.C.M.I, Pathanamthitta. In as much as the final report states that the offences were committed by accused numbers 1 to 4 on the directions of the petitioner who is the 5th accused, it cannot be said that the final report does not prima facie contain the allegations against the petitioner so as to quash the same at this stage of the proceedings. No doubt, mere allegation may not a mount to proof. It is only, if there is materials to support the allegation , can it be said that the petitioner has been justifiably placed for trial. The remedy of the petitioner will therefore be to plead for a discharge after the commitment of the case to the court of Session when the Sessions Court conducts preliminary hearing under Sec. 227 Cr.P.C. In case the petitioner files an application for discharge after the committal of the case to the Court of Session, the same shall be considered and -:2:- disposed of without insisting on the personal appearance of the petitioner before the Sessions court. 2. The learned counsel for the petitioner submitted that he has been supplied with the copies of the prosecution case in compliance of Sec. 207 Cr.P.C. If so, the learned Magistrate shall commit the case to the court of Session without unnecessary delay and without insisting on the personal appearance of the petitioner since he had already entered appearance before the Magistrate and was enlarged on bail. This Crl.M.C is disposed of as above. V. RAMKUMAR, (JUDGE) ani.