IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.MC.No. 699 of 2008() ---------------------------------- CC.863/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONERS/ACCUSED: ----------------------------------- 1. C.L. CHARLEY, S/O.LONAPPAN, CHEMANNUR, TIRUR DESAM, KILLANNUR, TIRUR, THRISSUR DISTRICT. 2. C.L. JOLLY, S/O.LONAPPAN, CHEMANNUR, TIRUR DESAM, KILLANNUR, TIRUR, THRISSUR DISTRICT. BY MR.K.RAMAKUMAR, SENIOR ADVOCATE ADV. SMT.SMITHA GEORGE MR.MANU TOM MR.T.RAMPRASAD UNNI RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VIYUR POLICE STATION, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/11/2009, ALONG WITH CRMC NO. 705 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ---------------------------------------------------- CRL.M.C.NOs.699 & 705 OF 2008 --------------------------------------------------- Dated 4th November 2009 O R D E R Petitioners are respectively accused in C.C.No.863/2005 and C.C.891/2005 on the file of Judicial First Class Magistrate-I, Thrissur. These petitions were filed on 14/2/2008 under Section 482 of Code of Criminal Procedure with identical prayer to quash Annexure-A FIR. Petitions show that before the filing of the petitions, final reports have already been submitted before the court and learned Magistrate has taken cognizance of the offences as early as in 2005. Still there was no prayer to quash the final reports. Final reports were also not produced and only FIRs were produced. 2. Learned counsel appearing for the petitioners submitted that petitioners may be permitted to file a petition to amend the petitions seeking a relief of quashing the final reports. As final reports were filed three years prior to the filing of the petitions, at this belated stage it Crmc 699 & 705/08 2 cannot be allowed to amend the petitions seeking a relief which was available to the petitioners at the time of filing of the petitions but were not sought for. Learned counsel then submitted that petitions may be dismissed as withdrawn with liberty to challenge the final reports. Petitions dismissed as withdrawn. M.SASIDHARAN NAMBIAR, JUDGE. uj.