IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 10TH AUGUST 2007 / 19TH SRAVANA 1929 Crl.MC.No. 2352 of 2004 --------------------------------------- CC.104/2002 of JFCM, CHITTUR ............ PETITIONER/ACCUSED NO.1: CHANDRASEKHARAN (A1), S/O. KRISHNAN, CHERINGATTIL VEEDU, PATTANCHERRY VILLAGE, CHITTUR TALUK. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/ACCUSED 2&3/COMPLAINANT/STATE: 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SIVADASAN (DEFACTO COMPLAINANT), S/O. THEETHI, KALLINGAL CHIRAYIL VEEDU, PATTANCHERRY VILLAGE, CHITTUR TALUK. 3. KUNJANDI, S/O. MAYAN (A3), KALLINGAL CHIRAYIL VEEDU, PATTANCHERRY P.O., PALAKKAD. 4. RAMAN (A2), S/O. APPU, THATHAMANGALAM, PALAKKAD. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.M.C.No. 2352 of 2004 --------------------------- ORDER Petitioner is the first accused in C.C.No. 104/02 on the file of the Judicial First Class Magistrate's Court, Chittur, registered for offences under Sections 417 and 420 IPC read with Section 34 thereof. Respondents 1 to 4 are respectively the State, the defacto complainant, the third and the second accused in the case. 2. In this Crl.M.C., filed on 31.8.2004, the petitioner has not taken requisite interest to see that service is completed on respondents 2 to 4 and still steps for notice are defective. Counsel for the petitioner prays for time to take steps. 3. On going through the material papers, I am not of the view that this Crl.M.C. is of any merit. Annexure A1 is the complaint made to the Magistrate by the second respondent. That was forwarded to the Station House Officer, Puthunagaram for investigation and report under Section 156(3) CRMC 2352/04 2 Cr.P.C. and on the basis thereof, vide Annexure A2, Crime No.104/04 was registered against the petitioner and respondents 3 and 4 for offences under sections 417 and 420 IPC read with Section 34 thereof. After due investigation, Annexure A3 final report was laid by the Investigating Officer for offences under Sections 417 and 420 IPC against the accused. The petitioner, who seeks to get quashed the proceedings in C.C.No.104/02, registered on the basis of Annexure A3 final report, has not furnished the material papers, which accompany Annexure A3, except the charge portion in the final report. Consequently, therefore, this Court is unable to examine as to whether there is any material in the prosecution records to sustain the charge against the petitioner and respondents 3 and 4. In the result, I dismiss this Crl.M.C. without prejudice to the rights of the petitioner to advance all the contentions that he has raised in CRMC 2352/04 3 this Crl.M.C. before the trial court at the time of preliminary hearing to canvass for a discharge, if at all charge is not framed in the case till now. 10th August, 2007 (K.P.Balachandran, Judge) tkv