IN THE HIGH COURT OF KERALA AT ERNAKULAM RESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Crl.MC.No. 4595 of 2010 ------------------- (CC.454/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR CRIME NO.141 OF 1996 OF MANGALAM DAM POLICE STATION) .................... PETITIONERS: -------------------- 1. MURALEEDHARAN S/O. MANIYAN, AGED 39 YRS. RESIDING AT KIZHAKKEMURI, VANDAZHI, ALATHUR TALUK, PALAKKAD DIST. 2. THANKAMMA, W/O. MANIYAN, AGED 60 YEARS, RESIDING AT KIZHAKKEMURI, VANDAZHI, ALATHUR TALUK, PALAKKAD DIST. 3. SREEDHARAN S/O. MANIYAN, AGED 34 YEARS, RESIDING AT KIZHAKKEMURI, VANDAZHI, ALATHUR TALUK, PALAKKAD DIST. 4. GETHA D/O. MANIYAN, AGED 31 YEARS, RESIDING AT KIZHAKKEMURI, VANDAZHI, ALTHUR TALUK, PALAKKAD DIST. BY ADVS. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANGALAM DAM POLICE STATION, MANGALAM DAM P.O. PALAKKD DIST. 678001. 3. V.VASU S/O. VELAYUDHAN, AGED 6 YEARS, MAITRI, KRISHNA TEMPLE LANE, JAWALKER NAGAR P.O. , PIMPLE GURAV PUNE - 411027. 4. DEVAKI W/O. V.VASU, AGED 56 YEARS, MAITRI KRISHNA TEMPLE LANE JAWALKER NAGAR P.O., PIMPLE GURAVU, PUNE - 411027. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4595 OF 2010 --------------------------------------------------------- Dated this the 22nd day of November, 2010. O R D E R Petitioners are the accused in C.C.No.454 of 2001 on the file of Judicial First Class Magistrate Court, Alathur, taken cognizance for the offence under Section 498(A) r/w 34 of Indian Penal Code, evidenced by Annexure-III final report. Respondents three and four are parents of deceased wife of the first petitioner. Petitioners earlier filed Crl.M.C.825 of 2009 to quash the cognizance taken contending that in view of Annexure-IV and IV (a) settlement, it is not in the interest of justice to continue the prosecution. By Annexure-VIII order dated 25.07.2005, the petition was disposed granting liberty to the petitioner to raise all the contention before the learned Magistrate. This petition is filed later, after examination of the fourth respondent as PW5 contending that in view of the evidence of PW5, it is futile to prosecute the petitioners further, as there is no likelihood of a successful prosecution. 2. Learned counsel appearing for petitioners and learned Public Prosecutor were heard. 3. Even according to the petitioners, prosecution has already examined 6 witnesses. In such circumstances, it is not in the Crl.M.C No.4595 OF 2010 2 interest of justice to quash the proceedings, at this stage, exercising the inherent powers under Section 482 of Code of Criminal Procedure. The learned counsel appearing for the petitioners submitted that petitioners and entire members of the family are made to appear before the court from 2001 onwards. As the major part of the evidence has already been recorded, Judicial First Class Magistrate Court, Alathur is directed to dispose of C.C.No.454 of 2001 expeditiously, at any rate within two months from the date of receipt of copy of the order. If petitioners files an application under Section 205 of Code of Criminal Procedure, learned Magistrate not to insist for their presence during the trial except when it is absolutely necessary. M.SASIDHARAN NAMBIAR, JUDGE. mns