IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 2371 of 2006() ------------------------- CC.561/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): 2ND ACCUSED:- -------------------------------------------- SREEDHARAN NAIR, S/O.KRISHNA PILLAI, MULAVARAKKAL HOUSE, ANDUKODE VILLAGE, VILAVANKODE TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENT(S): COMPLAINANT:- ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.C.M.KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. = = = = = = = = = = = = Crl.M.C.No.2371 of 2006. = = = = = = = = = = = = Dated this the 15th day of January, 2010. O R D E R Seeking an order to quash Annexure-A1 final report in CC.No.561 of 2005 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram under Section 120B, 197, 198, 420, 468, 471 and 34 IPC, by exercising powers under Sec.482 Crl.P.C., this Criminal Miscellaneous Case was filed by the second accused. It is contended that the allegations in Annexure-A1 are groundless and not supported by admissible evidence. Having heard the learned Public Prosecutor and perusing Annexure-A1, I find that there are necessary averments in the report to send the petitioner for trial for the above offences. Whether there are admissible evidence or not is a matter to be decided during trial. I fail to find any merit in this petition. In the above circumstance, this Criminal Miscellaneous Crl.M.C.No.2371 of 2006. -: 2 :- Case is dismissed with liberty to the petitioner to urge his contentions before the trial court seeking discharge or acquittal, as the case may be. P.S.GOPINATHAN, JUDGE KVS/-