IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1961 of 2010() ------------------------- CC.423/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, DEVICOLAM .................... PETITIONER(S): ACCUSED NO.1 --------------------------- P.D.GEORGE @ BABU, S/O.DEVASSIYA, "SAMTHRUPTHI", VALANJAMBALAM P.O., COCHIN-16. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1961 of 2010 -------------------------------------- Dated this the 8th day of June, 2010 ORDER Heard both sides. 2. Petitioner, who is the accused in Crime No.169/2007 of Munnar Police Station and now pending before the J.F.C.M Court, Devikulam as C.C.No.423/2007 for offences punishable under Sections 506(i) and 353 read with 34 IPC, seeks to quash all further proceedings in the above case. 3. According to the prosecution, the petitioner along with his Counsel by name Adv.N.K.Subramanian (arrayed as second accused in the case) on 28.5.2007 at 12.45 P.M allegedly questioned the authority of CWs 1 to 5 Surveyors and obstructed them from discharging their official duty of measuring a resort by name “Dhanya Sree Yathra Nivas” in connection with the eviction proceedings initiated pursuant to the allegation that the patta obtained by the owners of the said resort was fake. This court as per order dated 22.2.2010 in Crl.M.C.No.501/2008 quashed the proceedings as against the second accused Advocate for the reason that what the Crl.M.C. No.1961 of 2010 : 2 : second accused did was to inform the Surveyors that the proceedings had been stayed by the Hon'ble High Court of Kerala that the Surveyors had no authority to proceed with their duties. The petitioner herein is also similarly situated as the petitioner in the above Criminal M.C since it was the petitioner accompanied by his counsel who allegedly committed the aforesaid offences. Since the proceedings against the counsel have been quashed, the case of the petitioner herein and all further proceedings in the case, now pending as C.C.No.423/2007 on the file of J.F.C.M Court, Devikulam so far as they relate to the petitioner herein are also quashed. V.RAMKUMAR, JUDGE dmb