IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 CRL.REV.PET.NO. 1869 OF 2009() ------------------------------------------ CC.325/2007 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER(S): ACCUSED: ------------------------------------------------- 1. G.P.DINESH KUMAR, S/O.G.C.PERUMAL, 5/560 VELS FARM, ANAGHATTI MEDU, GOVINDAPURAM P.O., MOTHALAMADA VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT. 2. MURUKESAN, S/O.PAZHANI CHAMI, AMBEDKAR COLONY, MUTHALAMADA, GOVINDAPURAM, PALAKKAD. 3. VIVEKANANDAN, S/O.KUTTAN, KALLAT KULAS, MATHAKKODU, ELAVANCHERRY, PALAKKAD. 4. CHELLAMUTHU, S/O.VELAN, CHENGUTTAPALAYAM, ANCHAL P.O., NEGAMAM, POLLACHI. 5. SAKTHIVEL, S/O.RAMAN, MUTHOOR, KINATHUKADAVU, POLLACHI. 6. SARAVANAN, S/O.THANKAVELU, PARAMETTU, GOVINDAPURAM. 7. BALAKRISHNAN, S/O.VELU, NEAR POST OFFICE, MEENAKSHIPURAM, CHITTOOR. 8. SENTHIL MURUGAN, S/O.VIJAYA RAGHAVAN, SARLI PATHI, MEENAKSHIPURAM, CHITTOOR. 9. HASHEED, S/O.ATHAR RAWTHER, KIZHAKKETHARA, NEDUMANI, KKOLLANKODU. 10. VIJAYAN, S/O.KUTTAN, KALLATTU KULAS, PLANANGATTIRI, MATHAKODU, ELAVANCHERRY. 11. MURUGAN, S/O.VEERAN, AMBEDKAR COLONY, CHENGUTTUPALAYAM, NEGAMAM, POLLACHI. 12. MARIMUTHU, S/O.KALIMUTHU, 1/149, RASAKKAPALAYAM, POLLACHI. 13. SWAMINATHAN, S/O.MURUKAN, ACSM COLONY, KRISHNAPURAM P.O., IDUMALAI, TAMIL NADU. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KOLLANKODE POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE, KOZHIKODE. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 4. SHENTIVEL, S/O. NALLIMUTHU KOUNDAR, VELS FARM, ANAKKATTIMEDU, CHAMMANAMPATHY, MUTHALAMAD. BY PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN R1 TO 3 SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R4 SRI.T.C.SURESH MENON FOR R4 SRI.JIBU P THOMAS FOR R4 SRI.P.S.APPU FOR R4 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.1869 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of June, 2009 O R D E R -------------- Heard counsel for petitioners and Public Prosecutor. 2. Challenge in this revision is to the order of learned Judicial First Class Magistrate, Chittur taking cognizance against petitioners for offences punishable under Sections 143, 147, 148, 452, 427, 294(b) and 506(ii) read with 149 of the Indian Penal Code. Charge is that on 24.5.2007 at about about 1.00 p.m. petitioners formed an unlawful assembly, committed rioting armed with weapons and in prosecution of their common object trespassed into the house of charge witness No.1, committed mischief, used obscene words against C.W.1 and others and criminally intimidated them. According to learned counsel for petitioners the disputed property is in the possession of petitioners, civil suit filed in respect of the said property is decreed in favour of petitioner No.1 and hence the charge against the petitioners will not stand. 3. Petitioners have not produced a copy of the order taking cognizance. That apart, there is no reason why this Court should interfere at this stage with the order taking cognizance since petitioners have the opportunity to raise their contentions at the time CRL. R.P. No.1869 of 2009 -: 2 :- of framing charge. As such no interference is required with the order taking cognizance. Revision fails. It is dismissed. THOMAS P.JOSEPH, JUDGE. vsv