IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.MC.No. 3326 of 2005(A) -------------------------- PETITIONER(S): ACCUSED. ----------------------- 1. JOSEPH @ APPPACHAN, S/O. MATHEW, AGED 68 YEARS, PODIMATTATHIL HOUSE, ATTIKKAVALA, PONKUNNAM. 2. VARKEY @ PAPPACHAN, S/O. VARKEY, AGED 68 YEARS, CHERIPPURATH, PONKUNNAM. 3. DAMODHARA PILLAI, AGED 70 YEARS, S/O. NARAYANA PILLAI, PUTHUPARAMBIL, PONKUNNAM. BY ADV. SRI.C.A.CHACKO SRI.BIJU GOPAL RESPONDENT(S): STATE & DEFACTO COMPLAINANT. ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.J.THOMAS, NEDUMTHOTTAM, VADAKARA KARA, VELLAVOOR VILLAGE, MANIMALA P.O. PUBLIC PROSECUTOR SRI. GIKKU JACOB. SRI.NOBLE MATHEW FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 3326 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2009. O R D E R This petition is filed to quash Annexure A1 final report in Crime No.2/05 of Ponkunnam Police Station which is pending before the Judicial First Class Magistrate-II, Kanjirappally. Petitioners are alleged to have committed offences punishable u/Ss. 143, 147, 148, 149 and 294(b) IPC. The charge sheet is with respect to an incident relating to a road alleging that there had been demolition of the fence, destruction of teak plants, threatening to kill PW1 etc. The police after investigation has filed a charge sheet and witnesses are also shown in the charge sheet. The Court has issued summons and it is pending before the said Court. If there are no materials at all it is for the petitioners to point out at the time of framing the charges or making an application for discharge and bring to the notice of the Court regarding the same and all those matters can be considered at that stage. It may not be possible with the materials CRL.M.C. 3326 OF 2005 -:2:- available now to quash the proceedings as wanted by the petitioners. So with liberty to the petitioners to ask for discharge as contemplated by law the Crl.M.C. is dismissed. M.N. KRISHNAN, JUDGE. ul/-