IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.MC.No. 2467 of 2008() ------------------------- CC.255/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONERS/ACCUSED 1 TO 4: ---------------------------------------------- 1. JESTINE, S/O. VARGHESE AGED 44 YEARS, AST. EXECUTIVE ENGINEER ELECTICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD ANGAMALY. 2. BIJU, S/O. KUNJAPPAN, AGED 35 YEARS SUB ENGINEER, DO. DO. 3. MOHANAN, S/O. NARAYANAN AGED 36 YEARS, SUB ENGINEER, DO. DO. 4. THANKAPPAN, S/O. SANKARAN, AGED 55 YEARS OVERSEER, DO. DO. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------- 1. RAJAN V., S/O. VARKEY AGED 62 YEARS, MANGALY VEEDU, THURAVOOR. 2. JOMON, S/O. RAJAN, DO. DO. 3. JEEJOY, S/O. YOHANNAN THAYIL VEETTIL, THURAVOOR VILLAGE. 4. S.I. OF POLICE, ANGAMALY POLICE STATION. 5. STATE OF KERALA, REP. BY GOVT. PLEADER HIGH COURT OF KERALA. R4 & R5 BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2467 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2008 O R D E R The petitioner is the first accused in a prosecution for offences punishable, inter alia, under Sections 341 and 323 I.P.C. An incident took place in the transformer yard of the Electricity Board on 1.8.2006. Allegations and counter allegations have been raised by the rival contestants about that incident. Crime 77 of 2006 was registered on the complaint of the petitioner herein alleging offences punishable, inter alia, under Sections 353 and 294B I.P.C. About the same incident the rival contestants also raised a complaint. According to them injuries were suffered by the defacto complainant and though his statement was recorded by the police, succumbing to the influence wielded by the petitioners and the officials of the Electricity Board, no action was taken. This obliged them to file Annex.A2 private complaint on 16.8.2006 making allegations in respect of the incident on 1.8.2006. That complaint was referred Crl.M.C.No. 2467 of 2008 2 to the police under Section 156(3) Cr.P.C. and another crime, Crime No.736 of 2006 of Angamali Police Station, has been registered in respect of those allegations. Investigation has been conducted into both the crimes. Final reports have been filed alleging offences against both the contestants. Thus on the basis of the final reports case and counter case have been registered. 2. The petitioner has come to this Court with a grievance that the case against him has been registered, investigated by the police and cognizance taken vexatiously and without any valid reason. He contends that the case against him is liable to be quashed invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. 3. I have considered all the relevant inputs. I have taken note of the nature of the allegations and counter allegations raised. It would be presumptuous and premature at this stage to come to a conclusion that the allegations raised against the petitioner are not justified and that the case against him deserves to be quashed under Section 482 Cr.P.C. In the nature of the allegations and counter allegations raised, I am satisfied that both parties must be given opportunity to adduce Crl.M.C.No. 2467 of 2008 3 evidence and appropriate conclusions must be drawn by the learned Magistrate. I find no reason whatsoever in the prayer to quash the proceedings initiated against the petitioner. 4. This Crl.M.C. is accordingly dismissed. Needless to say the dismissal of this petition will not in any way fetter the rights of the petitioner to raise all appropriate and relevant contentions before the learned Magistrate in the course of the trial. (R. BASANT) Judge tm