IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.MC.No. 4149 of 2005(C) -------------------------- CC.357/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONERS/ACCUSED NOS.4 AND 5: ----------------------------------------------- 1. V. RAMASUBRAHMANIYAM, AGED ABOUT 56 YEARS, S/O. LATE K.S. VAIDYANATHAN, 2511, SHANES COLONY, ONDIPUDUR, COIMBATORE-641 016. 2. V. GOPALAKRISHNAN, AGED ABOUT 54 YEARS S/O. R. VENKATESULU, RAMAKRISHNA NILAYAM, 5. NETHAJI ROAD, COIMBATORE-641 037. BY ADV. SRI.P.VIJAYA BHANU SRI.PRASUN.S RESPONDENT/ COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.K. MOYTHU, DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, T.B.ROAD, PALAKKAD. R1 BY PUBLIC PROSECUTOR ADV.S.SURESH R2 SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM Crl.MC.No. 4149 of 2005(C) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A : COPY OF THE CHARGESHEET IN C.C.NO.357/99 OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PALAKKAD. ANNEXURE B: COPY OF THE FIR IN CRIME NO.161/89 OF WALAYAR POLICE STATION ALONG WITH THE PRIVATE COMPLAINT FORWARDED UNDER SECTION 156(3) CR.P.C RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE MM P.S.GOPINATHAN. J --------------------------------- Crl.MC No.4149 OF 2005 --------------------------------- Dated this the 9 th day of November , 2011 O R D E R This is a petition by the accused Nos.4 and 5 in C.C NO. 357/99 on the file of the Judicial Magistrate of the First Class, Palakkad. The Detective Inspector, CBCID , Palakkad filed a final report accusing the petitioners along with others alleging offences under Section 380,420,468,471, read with 34 I.P.C. Alleging that no offence is made out against the petitioners even by the allegations in the final report, the petitioners seek to quash the complaint under Section 482 of the Code of Criminal Procedure. 2. Today it is submitted that before the Trial Court, the petitioners and the other accused were heard and a charge was framed, and assailing the charge framed,a revision petition was filed before the Sessions Judge, Palakkad and Crl.M.C.No.4149/2005 2 it is pending. In the above circumstances , this petition has become infructuous. Therefore, this petition is dismissed without prejudice to the right of the petitioners to pursue the revision petition pending before the Sessions Judge, Palakkad. P.S.GOPINATHAN JUDGE MM Crl.M.C.No.4149/2005 3