IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1837 of 2009() ------------------------- CC.248/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. NIRMALA S.PILLAI, W/O.SASIDHARAN PILLAI, RESIDING AT THEKKEVILA VEEDU, VAKANADU P.O. NEDUMMANKAVU, KOLLAM DISTRICT. 2. SALINI.S., W/O.LATE GOPAKUMAR, RESIDING AT THEKKEVILA VEEDU, VAKANADU P.O. NEDUMMANKAVU, KOLLAM DISTRICT. BY ADV.MR.C.RAJENDRAN RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NELESWAR POLICE STATION (KASARAGOD DISTRICT) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RADHAMANI AMMA, D/O.PANKAJAKSHY AMMA, RESIDING AT DWARAKA KALLAMBALAM P.O., KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1837 OF 2009 ------------------------------------------ Dated 4th June 2009 O R D E R Petitioners are accused 2 and 3 in C.C.248/2007 on the file of Judicial First Class Magistrate-I, Varkala. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against them contending that it is an abuse of process of the court as no offence is made out against them. 2. Learned counsel appearing for petitioner was heard. 3. Argument of the learned counsel appearing for petitioner is that even though the ingredients of the offence is stated in the complaint commission of no offence is made out and therefore the case is to be quashed. 4. On going through Annexure-A1 complaint it is seen that necessary ingredients to constitute an offence against petitioners is pleaded in the complaint. Question whether on the evidence to be let CRMC 1837/09 2 in, second respondent/complainant could establish the ingredients cannot be decided in this petition filed under Section 482 of Code of Criminal Procedure. It is to be decided in that case. Petitioner is at liberty to raise all the contentions at the time of trial. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.