IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 2945 of 2005() ------------------------- CC.568/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER/1ST ACCUSED: ----------------------------- ABDUL LATHEEF, S/O. MOHAMMED KASSIM (LATE) AGED 49 YEARS, ANAS MANZIL, KAPPAMVILA, MARUTHIKUNNU POST, THIRUVANANTHAPURAM. BY ADV. SRI.S.ABDUL SALAM RESPONDENT/COMPLAINANT: ------------------------------- THE STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI THOMAS JOHN AMBOOKKEN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.11189/05 IN CRL.M.C.NO.2945/05 //DISMISSED// 15.1.09 SD/-M.C.HARI RANI, JUDGE. M.C. HARI RANI, J. ====================== CRL.M.C.NO.2945 OF 2005 ====================== DATED THIS THE 15TH DAY OF JANUARY 2008 ORDER This petition is filed under Section 482 of the Code of Criminal Procedure with a prayer to quash the proceedings in C.C.No.568/2004 pending before the Court of Judicial First Class Magistrate, Varkala against the petitioner, who is the first accused. Crime No.212/2003 of Kallambalam police station was registered against the petitioner,his son and his wife as accused 1 to 3 respectively for the offences under Sections 120 (B),447, 452, 323, 324 , 506(ii), 294(b) and 34 of the Indian Penal Code as revealed from Annexure-A3. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. It is argued by the learned counsel for the petitioner that no prima facie case is made out against the petitioner herein who is the first accused and the de facto complainant is the sister of the petitioner herein. It is also submitted by the learned counsel CRMC2945/2005 -2- that there is no chance of convicting the accused in the present case, even though a chance is given to the prosecution to adduce evidence. It is submitted by the learned Public Prosecutor that this court has already dismissed Crl.M.C.No.3391/2004 filed by the second accused in the same case as per order dated 12-9- 2007 . A copy of that order has been incorporated in this file whereby this Court dismissed the petition without prejudice to the second accused to canvass all the contentions raised by her in that Crl.M.C. before the trial court at the appropriate time. Very same contentions have been raised in this petition also on behalf of the first accused by the same counsel Sri. Abdul Salam. In the circumstances, I find that this petition also is without any merit and the petitioner can raise all his contentions before the trial court at the appropriate time. In the result, this Crl.M.C.is dismissed. M.C. HARI RANI JUDGE ks.