IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Crl.MC.No. 1416 of 2011() ------------------------- CC.593/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT II,ERNAKULAM .................... PETITIONER(S): ACCUSED NOS.1 & 2: -------------------------------------------------------- 1. PRADEESH, S/O. CHANDRAN, AMBATTU HOUSE, KORATTI KIZHAKKUMMURI VILLAGE, KORATTI KARA, THRISSUR DISTRICT. 2. JINISH, ADVOCATE, S/O. PAILY, PARAKKADATH HOUSE, KORATTI KIZHAKKUMMURI VILLAGE, KORATTI KARA, THRISSUR DISTRICT. BY ADV. SRI.M.REVIKRISHNAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, 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 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1416/2011 APPENDIX PETITIONERS' ANNEXURE: ANNEX.1: COPY OF THE CHARGE SHEET IN CRIME NO.1266/2007 OF THE CENTRAL POLICE STATION, ERNAKULAM. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.1416 of 2011 - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2011. O R D E R The petitioners are accused Nos. 1 and 2 in Crime No. 1266 of 2007 of Central Police Station, Ernakulam for offences punishable under Section 294(b) r/w Section 34 IPC and Section 2 of the Prevention of Disturbances of Public Meetings Act, 1961 and now pending before the Judicial First Class Magistrate-II, Ernakulam as C.C. No. 593 of 2007. 2. Heard the learned counsel for the petitioners and the lerned Public Prosecutor. 3. The learned Public Prosecutor, on instructions and going through the case diary, submits that there is no prima facie case under Section 294(b) r/w Section 34 IPC and Section 2 of the Prevention of Disturbances of Public Meetings Act, 1961. In that view of the matter, the continuance of prosecution against the petitioners will be abuse of the process of court. Accordingly, I direct that the prosecution against the petitioners in C.C. No. 593 of 2007 pending before the Judicial First Class Magistrate -II, Ernakulam be treated to be closed . This Crl.M.C is allowed as above. sd/- B.P. RAY, JUDGE. rv