IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 964 of 2010() ------------------------ CC.1505/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S): ACCUSED NO.1&2: ------------------------------ 1. E.P.SIBY, EXCISE INSPECTOR, PARAPPANANGADI EXCISE RANGE NOW WORKING AS EXCISE INSPECTOR, PALA EXCISE RANGE, RESIDING AT EDAPARAMBIL HOUSE, POOZHIKOL P.O., KADUTHURUTHY. 2. P.E.HAMSA, EXCISE GUARD, PARAPPANANGADI EXCISE RANGE, NOW WORKING AS EXCISE GUARD IN KONDOTTY EXCISE RANGE, RESIDING AT KURUPPATHU HOUSE, KONDOTTY P.O., MALAPPURAM. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHAJUMON, S/O.INDHUJAN PILLAI, AGED 32 YEARS, KOTTEKKATU HOUSE, KODAPPALLI, CHETTIPADI, THIRURANGADI TALUK. PUBLIC PROSECUTOR SRI. S.U. NAZAR SRI.P.VENUGOPAL (1086/92) FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 964 of 2010 * * * * * * * * * * * * * * * * * * Dated: 21st day of May, 2010 ORDER Petitioners who are the Excise Inspector and Excise Guard respectively are the accused in C.C. No. 1505 of 2009 on the file of the J.F.C.M. I Parappanangadi for offences punishable under Sections 341 and 323 read with Sec. 34 I.P.C. The above case arose out of Annexure 5 private complaint filed by the 2nd respondent herein who is represented by counsel. The prayer of the petitioner is to quash Annexure 5 private complaint and all subsequent proceedings. 2. It is too early for this Court to evaluate the case of the prosecution by a meticulous examination of the prosecution records and come to a definite conclusion either way. The proper course of the petitioners would be to raise all their contentions while the Magistrate reads over the substance of accusation to the petitioners and takes their plea in the light of the decision in Kamala Raja Ram v. State of Kerala – 2005 (3) 617. The petitioners shall also be entitled to raise the question Crl.M.C. No. 964 of 2010 -:2:- of prosecution sanction. In case the petitioners file an application raising all their contentions, the Magistrate shall consider the same without insisting on the personal appearance of the petitioners for the disposal of the said application. Reserving the above right of the petitioners, this Crl.M.C. is dismissed. Dated, this the 21st day of May, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.