IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.MC.No. 1499 of 2009(F) ----------------------------------- CC.1236/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM (CRIME NO.48/2002 OF CHERANELLUR POLICE STATION) .................... PETITIONER(S): ACCUSED -------------------------------------- 1. SAFALAN,S/O.ACHUNNI, VATTATHARA HOUSE,AGED 52 YEARS, KOTHAD KARA,KADAMAKUDI VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT. 2. MOHANAN,S/O.SREEDHARAN,AGED 52 YEARS, ELOOTHARA HOUSE,KOTHAD KARA, KADAMAKUDY VILLAGE. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,REP.BY SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION IN CRIME NO.48/2002. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1499 of 2009 -------------------------- ORDER Petitioners are accused in C.C.No.1236/2002 on the file of Judicial First Class Magistrate's Court-II, Ernakulam. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners. Prosecution case is that petitioners removed sand from Kothad River in country boats and committed offences under Section 188 and 379 read with Section 34 of Indian Penal Code. Case of the petitioners is that an offence under Section 188 of Indian Penal Code could not have been taken cognizance without complying with the procedures under Section 195 of Indian Penal Code. On hearing the learned counsel, I find no reason to quash the proceedings, as the offence under Section 379 of Indian Penal Code will lie, even if the offence under Section 188 will not lie. If so, petitioners can raise the defence before the trial court. Petition is dismissed. 17th July, 2009 (M.Sasidharan Nambiar, Judge) tkv