IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Crl.MC.No. 3520 of 2007() ------------------------- CC.895/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): --------------- 1. DR. K.S.RAJESHWARI, TUTOR, DEPARTMENT OF SURGERY, A.N.S.S. HOMEO MEDICAL COLLEGE, S'PURAM P.O., KURICHY, KOTTAYAM. 2. DR. ANITHA S.NAIR, LECTURER, PHARMACY DEPARTMENT, A.N.N.S.HOMEO MEDICAL COLLEGE, S'PURAM P.O., KURICHY, KOTTAYAM. 3. DR. B.VENUGOPAL, LECTURER, DEPARTMENT OF PRACTICE OF MEDICINE, A.N.S.S. HOMEO MEDICAL COLLEGE, S'PURAM P.O., KURICHY, KOTTAYAM. 4. DR. K.G.MAHESH, TUTOR, DEPARTMENT OF SURGERY, A.N.S.S.HOMEO MEDICAL COLLEGE, S'PURAM P.O., KURICHY, KOTTAYAM. 5. DR. K.RAMACHANDRAN PILLAI, VRINDAVAN, PUZHAVATHU, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.V.K.SUNIL SRI.AJEY THOMAS RESPONDENT(S): --------------- 1. DR.R.SURESH, SAINILAYAM, ARANMULA, PATHANAMTHITTA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 3520 of 2007 ======================= Dated this the 3rd day of April 2009 ORDER The petitioners herein are accused Nos. 2 to 6 in C.C.No.895/2004 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta. The offence alleged against them is punishable under Section 500 of the Indian Penal Code. The prayer in this petition filed under Section 482 of the Code of Criminal Procedure is to quash Annexure-A complaint. 2. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. No appearance is made by the first respondent in spite of service of notice to him. 3. It is submitted by the learned counsel for the petitioners that the first accused in the same case has filed Crl.M.C.2596/2004 before this Court for the same relief with the very same contentions regarding the delay in taking cognizance of the case which was expired already on 23-8-2003 whereas the CRMC..3520/2007 -2- complaint was filed on 19-4-2004 only and is barred by limitation. Considering the facts and circumstances of the case, this Court as per order dated 11-10-2007, copy of which is produced as Annexure-C, has allowed Crl.M.C.No.2596/2004 and quashed the proceedings against the petitioner in that petition/first accused in C.C.No.895/2004 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta and nobody has challenged that order and the same has become final. 4. In the light of Annexure-C and also considering the facts alleged in this petition and also the circumstances of the present case, the prayer in this petition is allowed and Annexure-A complaint and further proceedings in C.C.No.895/2004 against the petitioners/accused Nos.2 to 6 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta is quashed. In the result, the Crl.M.C.is allowed accordingly. Sd/- M.C. HARI RANI JUDGE ks.