IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 256 of 2010() (CC NO.588/07 OF JUDICIAL FIRST CLASS MAGISTRATE I ERNAKULAM) ------------------------ .................... PETITIONER(S): ACCUSED: ----------------------- 1. MR.JOSEPH ALLEN, S/O.THOMAS, PALATHURUTHIYIL HOUSE, VADUTHALA, ERNAKULAM NOW RESIDING IN JM CRESENT MAMANGALAM, KOCHI-682 024. 2. SHEELA ALLEN, W/O.JOSEPH ALLEN, PALATHURUTHIYIL HOUSE, VADUTHALA, ERNAKULAM, NOW RESIDING IN J M CRESENT MAMANGALAM, KOCHI-682 024. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE : ---------------------- 1. E.K.THOMAS, AGED 57 YEARS, S/O.KURUVILA, ELANJICKAL HOUSE, KOTHAMANGALAM, NOW RESIDING AT FLAT NO.88, HARBOR CREST, KURISUPALLY ROAD, RAVIPURAM, KOCHI-682015. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PP S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.256 of 2010 ------------------------------------- Dated 28th January 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have the proceedings in CC No.488/2007 of JFCM-I, Ernakulam, quashed. The petitioners are alleged to have committed the offences punishable under Ss.406, 420 and 34 IPC. According to the petitioners, this is a pure civil matter and criminal proceedings are abuse of the process of Court. They say that they have not committed any act, which would constitute an offence. Pointing out that the trial will be a futile exercise, they seek to quash the proceedings in the CC pending before the JFCM-I, Ernakulam. 2. The question as to whether this is a pure civil matter or not, is to be determined. But, at this point of time, the determination of that issue is premature. In case the petitioners Crl MC No.256/2010 2 think that the allegations against them do not make out any offence, they may move the concerned Court for appropriate reliefs. Subject to the above observation, this petition is dismissed. P.BHAVADASAN, JUDGE sta Crl MC No.256/2010 2