IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3277 of 2010() ------------------------- (CRIME NO.94/2009 OF KALLOORKAD POLICE STATION, MUVATTUPUZHA) PETITIONERS: ACCUSED 1 TO 3 & 5 --------------------------------- 1. V.A. JOSEPH, S/O. IYPE, AGED 58 YEARS VAZHEKUDIYIL HOUSE, NAGAPUZHA.P.O, KALLOORKKAD, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. BHASKARAN, S/O KUMARAN, AGED 51 YEARS, ERATTAMCKAL VEETTIL, NAGAPUZHA.P.O., KALLOORKKAD, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. JOY MATHEW, S/O. MATHEW, AGED 60 YEARS, THEKKEVATTAKUNNEL HOUSE, NAGAPUZHA.P.O., KALLORKKAD,MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. CHACKO VARGHESE, S/O. VARGHESE, AGED 57 YEARS, THAZHATHEKOTIYIL HOUSE, GANDHI NAGAR HOUSING COLONY, THODUPUZHA EAST.P.O. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.K.G.DEVI RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, KALLOORKAD POLICE STATION, KALLOORKKAD-686668, MUVATTUPUZHA. (CRIME NO.94/09) PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3277 of 2010 ---------------------------------------- Dated this the 16th day of August, 2010 ORDER The petitioners who are accused Nos.1 to 3 and 5 in Crime No.94/2009 of Kalloorkkad Police Station registered for offences punishable under Sections 3 read with Section 25(1) (B)(a) of Arms Act, 1959 and Section 34 of I.P.C., seek to quash Annexure-A F.I.R and Annexure-B Final Report so far they relate to the petitioners. 2. The petitioners are similarly placed as the second accused (K.Ullas) and the fourth accused (Mohan Nath). As evidenced by Annexure-C order dated 15/2/2010 in Criminal M.C.No.3714/2009 the proceedings against the said K.Ullas were quashed by this Court. Likewise, the proceedings against the fourth accused Mohan Nath (who was A5 at the crime stage) were also quashed by this Court as per Annexure-D order dated 19/5/2010 in Criminal M.C.No.1632/2010. The reason for quashing the proceedings was that A1 and A2 who were allegedly possessing gun Crl.M.C.No.3277/2010 : 2 : without valid licence were found to possess a valid licence. If so, the petitioners who stand on the same footing as A2 and A4 are not liable to be treated differently. Accordingly the prayer in the M.C. is allowed and the F.I.R. in Crime No.94/2009 of Kalloorkkad Police Station and the charge sheet filed thereafter so far as they relate to the petitioners shall also stand quashed. V.RAMKUMAR, JUDGE skj