IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.MC.No. 863 of 2011() ------------------------ CC.364/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED NO.3: ------------------------------------------------- KUNHI MARACKAR, S/O. KUTTI HASSAN, AGED 61 YEARS, NAMBRATH HOUSE, KATTIPPARUTHI AMSOM,ALINCHUVADU, VALANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): STATE/DE-FACTO COMPLAINANT: ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. POOKUNHIKOYA THANGAL, S/O. KUNHI KOYA THANGAL, KODINJIPALLICKAL, EDAYOOR AMSOM AND DESOM, PO EDAYOOR NORTH, VALANCHERRY, TIRUR TALUK, MALAPPURAM DISTRICT. PIN-655 359. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.863 & 876 of 2011 ==================================== Dated this the 18th day of March, 2011 O R D E R Petitioner is the third accused in C.C. No.364 of 2007 and 391 of 2007, respectively of the court of learned Judicial First Class Magistrate, Tirur. He, along with other accused are facing trial for offences punishable under Sections 379 and 411 read with Section 34 of the Indian Penal Code. Going by the case of petitioner in these petitions charge against petitioner is one under Sec.411 of the IPC for receiving LP Gas Cylinders knowing the same to be stolen property. Petitioner seeks to quash proceedings against him on the contention that though according to the prosecution the Gas Cylinders which were stolen from the de facto complainants were issued by Bharat Gas, applications preferred by the de facto complainants in the cases under Section 451 of the Code of Criminal Procedure (Annexure 4) and Voucher (Annexure 5) produced by the de facto complaints in respect of their claim would show that they are making claim for the LPG Cylinders issued from the Indian Oil Corporation. This according to the petitioner would cut at the root of the case of prosecution and the de facto complainants. I have heard learned counsel for CRL.M.C. No.863 & 876 of 2011 -: 2 :- petitioner and the learned Public Prosecutor. 2. Question raised being a disputed question of fact this Court is not required to interfere under Section 482 of the Code of Criminal Procedure and decide the case. Whether the case pleaded by the prosecution is correct or not or whether it has any explanation for the discrepancy if any regarding the contention of petitioner is a matter which the trial court has to decide. 3. Learned counsel submitted that petitioner who is a respectable person has been falsely implicated, he wants to go abroad for Haj immediately and a direction may be issued for early disposal of the cases. Without understanding the pendency of the cases and priority for disposal of old cases in the court concerned I am not inclined to give direction for any time bound disposal of the cases. Having regard to the fact that the cases are of the year 2007 learned Magistrate is directed to expedite trial of the cases. If petitioner wants to go abroad for performing Haj it is open to him to seek permission in that regard from the learned Magistrate. With the above observations, Criminal Miscellaneous Cases are dismissed. THOMAS P. JOSEPH, JUDGE. vsv