IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 1744 of 2006() ------------------------- CC.1110/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONERS/ ACCUSED: ----------------------- 1. AJAY ABRAHAM ANTONY, S/O.T.I.ANTONY, THAYANKARI HOUSE, MARKET ROAD, EDAPPALLY, KOCHI. 2. ABHAY LOUIS ANTONY, AGED 16, MINOR, S/O. T.I. ANTONY, REPRESENTED HIS MOTHER AND NATURAL GUARDIAN, SMT.BEENA ANTONY, W/O. T.I. ANTONY, AGED 48, THAYAKARI HOUSE, MARKET ROAD, EDAPPALLY, KOCHI. 3. T.I. ANTONY @ RAJU, S/O. LATE ITTIRA, THAYANKARI HOUSE, MARKET ROAD, EDAPPALLY, KOCHI. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: COMPLAINANT & DEFACTO COMPLAINANT: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, KALAMASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. GEORGE, AGED 62, S/O. ANTONY, THAYANKARI HOUSE, NEAR ST.GEORGE L.P.SCHOOL, EDAPPALLY. PUBLIC PROSECUTOR SRI. AMJETH ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1744 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October 2008 ORDER Petitioners, who are facing trial in C.C.1110/04 on the file of the Judicial Magistrate of First Class-II, Aluva, have preferred this petition under Section 482 of the Code of Criminal Procedure to quash the above proceedings pending against them. It is on record that police have charge sheeted the petitioners on the basis of the First Information Report received from respondent No.2/defacto complainant for the offences punishable under Sections 447, 323 and 506(1) read with Section 34 of the Indian Penal Code. 2. It is contended by the petitioners that respondent No.2 who is a close relative of the petitioners had been inimically disposed towards them because of some dispute in relation to partition of the family properties. Learned counsel has also requested me to peruse Annexure-A accident cum wound certificate apart from the statements of the witnesses recorded by the Police under Section 161 of the Code of Criminal Procedure. He submits that a mere perusal of the above documents coupled with the allegations in the First Information Report will Crl.M.C.No.1744 OF 2006 :: 2 :: undoubtedly show that a false case has been foisted against the petitioners with a view to take vengeance on them. Learned counsel submits that the proceeding now pending against the petitioners is nothing but an abuse of process. 3. Having carefully perused the materials available on record and having heard learned counsel for the petitioners, I do not think that this Court need invoke its inherent power under Section 482 of the Code at this juncture. I hasten to add that I have not considered the merit of any of the contentions raised by the petitioners before this Court. On the contrary, I am satisfied that there is some force in the various contentions raised by the petitioners. But in my view, these contentions have to be necessarily urged by the petitioners before the trial court at the appropriate stage. It will be open to the petitioners to plead for discharge also before the learned Magistrate in accordance with law. It is brought to my notice that petitioners 1 and 2 who are in their teens are pursuing their studies. Petitioner No.3 is a business man. Crl.M.C.No.1744 OF 2006 :: 3 :: 4. Having regard to the peculiar facts and circumstances of the case, I am satisfied that petitioners are entitled to be exempted from personal appearance, if such a motion is made on behalf of them before the learned Magistrate on condition that they will not raise any dispute about their identity. The learned Magistrate shall pass appropriate orders on the application for exemption in accordance with law. It is made clear that the learned Magistrate shall consider the plea of discharge also, if such a request is made. Criminal M.C. is disposed of in the above terms. (A.K.BASHEER, JUDGE) jes