IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Crl.MC.No. 3341 of 2007() ------------------------- CC.747/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY CRIME NO. 178/2002 of PALLIKKATHODE POLICE STATION .................... PETITIONER: ------------ 1. V.O.GEORGE, S/O.OUSEPH, VAKAYIL, MATTAKKARA, AKALAKKUNNAM VILLAGE, KOTTAYAM. 2. JOSE GEORGE, S/O.V.O.GEORGE, VAKAYIL, MATTAKKARA, AKALAKKUNNAM VILLAGE, KOTTAYAM. 3. JOJY GEORGE, S/O.V.O.GEORGE, VAKAYIL, MATTAKKARA, AKALAKKUNNAM VILLAGE, KOTTAYAM. BY ADV. SRI.K.A.HASSAN RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, PALLIKKATHODE POLICE STATION, PALLIKKATHODE. 2. STATE OF KERALA, BOTH REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR SRI.C.K.KARUNAKARAN,S.C.,KSEB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3341 of 2007 ========================== Dated this the 12th day of February, 2008. O R D E R The petitioners are the accused in Crime No. 178/2002 of Pallikkathode Police Station for offences punishable under Section 379 IPC and Section 39 and 44 of the Indian Electricity Act, 1910. After the filing of the final report, JFCM-I, Kanjirappally took cognizance of the offences and registered the case as C.C. No. 747/2004. The charge sheet was filed on 28.09.2004. The case was posted for prosecution evidence and the first witness for the prosecution was examined on 18.04.2007. As on today, altogether four prosecution witnesses have been examined as PWs 1 to 4. It is at that stage that the petitioners have rushed to this Court seeking to quash the entire proceedings by filing a petition under Section 482 Cr.P.C. I am not inclined to entertain this petition at this stage of the trial. Now the only course open to the petitioners is to try to get an acquittal. They can raise whatever defences availabe to them in law before the Magistrate. Hence, without prejudice to the right of the petitioners to raise all the contentions before the trial court, this Crl. M.C is dismissed. V. RAMKUMAR, JUDGE. rv