IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.MC.No. 3126 of 2008() ------------------------- CRIME NO.115/08 OF POOVAR POLICE STATION PETITIONER: ------------ 1. SAJI, AGED 26 YESARS, S/O. RAFEL RESIDING AT SEVA NIKETHAN KALAITHOTTAM, ARUMANOOR PO, POOVAR, NEYYATTINKARA, THIRUVANANTHAPURAM DIST 2. ABHILASH, AGED 28 YEARS, S/O. AYYAPPAN NAIR, RESIDING AT PALOTTU VEEDU KOIKKA VILAKAM, ARUMANOOR, POOVAR PO,THIRUPURAM VILLAGE. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, NEYYATTINKARA 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM 3. SATHYASEELAN, AGED 48 S/O.PARAMESWARAN, SHAIJU BHAVAN PERUMAVILA, THIRUPURAM DESOM, THIRUPURAM VILLAGE NEYYATTINKARA TALUK BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3126 of 2008 ------------------------------------------------- Dated this the 18th day of August, 2008 ORDER The petitioners are accused 1 and 3 in a crime registered alleging offences punishable, inter alia, under Secs.452, 341, 323 and 427 IPC. Earlier, the allegation was that there was an unlawful assembly of persons and hence the allegations were raised against the petitioners in the F.I.R. under Secs.143 and 147 read with Sec.149 IPC also. But a later report has been filed to delete the allegations under Sec.143 and 147 IPC. At present only three persons including the petitioners are arrayed as accused and common intention alone is alleged to attract the vicarious liability under Sec.34 IPC. A report to delete some Sections and to specify the three accused persons has been filed before the learned Magistrate. The petitioners are arrayed as accused 1 and 3 in such report. The petitioners Crl.M.C. No. 3126 of 2008 -: 2 :- have come to this Court with a prayer that the crime in so far as it raises allegations against them may be quashed. 2. What is the reason? According to the petitioners, the allegations under Sec.452 IPC would not stand at all even if the entire allegations in the First Information Statement were accepted. I do not embark on any detailed discussions on merits. But I need only mention that I have gone through the allegations raised in the First Information Statement. There is a precise allegation to show that the accused persons, who came to the scene of the occurrence, after prior deliberations, entered the premises and indulged in acts of mischief and violence. In any view of the matter, I do not find any substance in the contention that the allegations even if accepted do not constitute an offence punishable under Sec.452 IPC. The prayer made cannot, in these circumstances, be accepted. This Crl.M.C. can only be dismissed. 3. In the result, this Crl.M.C. is dismissed. I may hasten to observe that I have not chosen to consider the acceptability of the allegations. I have only chosen to take the view that at the Crl.M.C. No. 3126 of 2008 -: 3 :- moment and with the available inputs the powers under Sec.482 Cr.P.C. do not deserve to be invoked. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge