IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Crl.MC.No. 3963 of 2010(A) -------------------------------------- [CC.NO.96/1997 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, THAMARASSERY] .................... PETITIONERS/ACCUSED NOS. 1 TO 3: ------------------------------------------------------- 1. MOHANAN @ MONAI, S/O.GOPALAN, ALAKKAL HOUSE, KOODARANHI AMSOM, KALLANPULLU, KOZHIKODE DISTRICT. 2. GOPI, S/O.AYYAPPAN, CHERUSSERYKUNNU HOUSE, P.O.POOVARANTHODU, KOODARANHI AMSOM, KOZHIKODE DISTRICT. 3. MATHEW, S/O.JOSEPH, PARAPURATH HOUSE, PERUMBOOLA P.O., KOODARANHI AMSOM OF KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE FOREST RANGE OFFICER, THAMARASSERY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3963 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.96/1997 on the file of Judicial First Class Magistrate's Court-II, Thamarassery, taken cognizance for the offences under Sections 27(1)(e)(iii) and (iv) of Kerala Forest Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of Annexure-A2 judgment passed by the learned District Judge, Kozhikode in C.M.A.No.134/1994 and Annexure- A3 judgment passed by this Court in O.P.No. 9478/1995, offences alleged are not attracted. 2. On hearing the learned counsel appearing for the petitioners and learned Public Prosecutor, I do not find it for this Court to analyse the materials and quash the proceedings as sought for. Petitioners are entitled to seek an order of discharge under Section 239 of Code of Criminal CRMC 3963/10 2 Procedure raising all the contentions raised herein as it is submitted that learned Magistrate is yet to frame the charge. Petition is disposed granting liberty to the petitioners to raise all the contentions raised herein and seek an order of discharge under Section 239 of Code of Criminal Procedure. Petitioners are at liberty to rely on Annexures-A2 and A3 judgments before the learned Magistrate. Learned Magistrate is directed not to insist for the presence of the petitioners for the purpose of claiming an order of discharge. 29th November, 2010 (M.Sasidharan Nambiar, Judge) tkv