IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Crl.MC.No. 4122 of 2006() ------------------------- CC.65/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER: ACCUSED: 1. TAZNIM MOHAMMED, D/O.N.K. MUHAMMED, MANAGING DIRECTOR, GREESHMAM RESORTS, 30/161, `WINNY', MEDICAL COLLEGE P.O., KKOZHIKODE. 2. C.P. HARRIS, S/O.AHAMMED, DIRECTOR, GREESHMAM RESORTS, `ROSE MAHAL', DRIVING SCHOOL ROAD, CHEVAYUR, KOZHIKODE. 3. SAFREENA MOHAMMED, DIRECTOR, GREESHMAM RESORTS, 30/161, WINNY, MEDICAL COLLEGE P.O., KOZHIKODE. 4. K. ABU ZULFIQ, DIRECTOR, GREESHMAM RESORTS, 5/2662, JAFAR KHAN COLONY, KOZHIKODE. 5. N.K. IBRALUMKUTTY, DIRECTOR, GREESHMAM RESORTS, 30/1611, `WINNY', MEDICAL COLLEGE P.O., KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: 1. FORST RANGES OFFICER, THAMARASSERY. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.4122 of 2006 = = = = = = = = = = = = = = Dated this the 27th day of March, 2008 ORDER The petitioners, who are accused Nos. 1,2,4,5 and 6 in C.C No.65 of 2006 on the file of the J.F.C.M-II, Thamarassery, for offences punishable under Sections 27(i)(c)(i)(ii) and (iv) of the Kerala Forest Act and Sections 2(ii) and 2(iv) of the Forest Conservation Act, 1980, seek to quash the proceedings before the Magistrate. 2. Admittedly, the learned Magistrate has not framed the court charge yet. If so, the course open to the petitioners is to plead for a discharge. In case the petitioners file an application for discharge within two weeks from today, the same shall be considered in absentia without insisting on the personal appearance of the petitioners for the disposal of the said petition. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj Crl.M.C.No.1075 of 2008 2