IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1406 of 2011() ---------------------- CRIME NO. 402/2010 OF MALA POLICE STATION .............. PETITIONERS / ACCUSED NOS. 1 TO 3 : -------------------------------------------------------- 1. SUDHAKRAN, AGED 70, S/O. IKKORAN, CHATHAKUDAM HOUSE, VADAMA VILLAGE DESOM, THRISSUR DISTRICT. 2. RAJI, W/O. SURESH, CHATHAKUDAM HOUSE, VADAMA VILLAGE DESOM, THRISSUR DISTRICT. 3. INDIRA, W/O. SUDHAKARAN, CHATHAKUDAM HOUSE, VADAMA VILLAGE, DESOM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT / STATE OF KERALA : ----------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, IN THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1406 of 2011 -------------------------------------- Dated this the 27th day of May, 2011. ORDER Petitioners are accused 1 to 3 in Crime No.402 of 2010 of Mala Police Station for offences punishable under Sections 341, 323, 294(b) and 506(i) read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. That case was registered on the complaint preferred by the defacto complainant. Prosecution case is that on 18.03.2010 at about 11.30 a.m. second petitioner obstructed the lorry carrying granite stones to the house of one Jeejappan, there was a quarrel between petitioners and the said Jeejappan, the Panchayat member interfered and then petitioners abused her. The defacto complainant interfered. It is alleged that petitioners intentionally insulted him in public view calling caste name, the second petitioner assaulted the friend of defacto complainant and committed offences as alleged. According to the learned counsel, allegations are false and it is a sequel to the civil proceedings pending between defacto complainant and others. 2. The matter is under investigation. It is not possible for this Court to say at this stage that allegations are false or malafide. That is a matter which the Investigating Officer has to look into. Therefore the request to quash proceeding cannot be entertained. Crl.MC No.1406/2011 2 Resultantly without prejudice to other right if any of petitioner, this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks