IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 3160 of 2009() ------------------------- CC.59/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... (CRIME NO.612/2005 OF TALIPARAMBA POLICE STATION) PETITIONER(S): ACCUSED NO.1 TO 3: --------------------------------------------------------- 1. M.P.MADHUSOODANAN, MEETHALEPURAYIL HOUSE, S/O.LAKSHMI, THADIKADAVU BHAGAM, P.O.KARUVANCHAL. 2. E.N.CHANDRAN, S/O.MEENAKSHY AMMA, ELAVINAL NALLAKANDI HOUSE, KALLIASSERI AMSOM, ANCHAMPEEDIKA. 3. E.NARAYANAN, S/O.KORAN, EEECHA HOUSE, MORAZHA AMSOM DESOM. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VALSAN MADATHIL, S/O.A.V.NARAYANAN, MADATHIL HOUSE, ELAYAVOOR AMSOM, MUNDAYAD DESOM, KANNUR. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3160 OF 2009 =========================== Dated this the 10th day of December,2009 ORDER Petitioners are the accused in C.C.59/2006 on the file of Judicial First Class Magistrate Court, Taliparamba taken cognizance for the offences under sections 143,147,448,506(i), 294(b) read with section 149 of Indian Penal Code on Annexure I. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that second respondent, the de facto complainant, is not the owner or the Manager of the school and Annexure III the ownership certificate shows that one P.P. Lakshmi is the owner of the building and in such circumstance learned Magistrate should not have taken cognizance of all the offences. The offences alleged against the petitioners include offence under section 506(i) apart from 448, 143 and 147 of Indian Penal Code. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Though learned counsel appearing for the petitioners persuaded me to quash the proceedings, on Crl.M.C.3160/2009 2 going through the final report and the allegation as against the petitioners, it cannot be said that offence is not made out. Hence I do not find any reason to quash the proceedings as sought for. Petitioners are entitled to raise all the contentions before the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006