IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Crl.MC.No. 4538 of 2010() ------------------------- (C.C. NO.570/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ERNAKULAM) PETITIONERS/ACCUSED NOS. 1 AND 2 ----------------------------------------------------- 1. EPHRAIM, S/O. GEORGE, AGED 40 YEARS, MAMPILLY HOUSE, BROADWAY, ERNAKULAM-KOCHI-31. 2. BINDU, W/O. EPHRAIM, MAMPILLY HOUSE, BROADWAY, ERNAKULAM-KOCHI-31. BY ADV. SRI.A.C.DEVASIA RESPONDENT/COMPLAINANT & STATE ---------------------------------------------------------- 1. NOYAL S/O. THOMAS, KALIRIKKAL HOUSE, VADUTHALA-CHERANALLOOR VILLAGE. 2. STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2010, COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4538 OF 2010 --------------------------------------------- Dated 6th December, 2010 O R D E R Petitioners are the accused in C.C.570/2007 on the file of Judicial First Class Magistrate's Court, Ernakulam, taken cognizance for the offences under Sections 294(b), 323 and 506(i) of Indian Penal Code on Annexure-II final report. Petition is filed under Section 482 of Code of Criminal Procedure contending that there is no evidence to proceed against the petitioners and no purpose will be served by continuing the prosecution and in such circumstances, the case is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Crmc 4538/10 2 3. On hearing the learned counsel, I do not find it for this Court to scrutinize the entire materials and find out whether the offences are attracted or not as contended by the petitioners. Petitioners are at liberty to seek an order of discharge or to file a petition under Section 258 of Code of Criminal Procedure, raising all the contentions raised herein. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.