IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 3174 of 2010() ------------------------------------- C.C.NO.7/2010 AND C.C.NO.100/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II (MOBILE COURT), ALAPPUZHA. ........................ PETITIONER(S): ------------------------ 1. ALEX P.ISAC, AGED 37, PUTHENVELIVEEDU, PATTANAKKAD PANCHAYAT, WARD NO.7, PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. JAYACHANDRAN, SON OF PARAMESHWARAN, AGED 40, MANTHANATH NIKARTHIL VEEDU, PATTANAKKAD PANCHAYAT, WARD NO.7, PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 3. ANISH ALIAS UNNI, SON OF MOHANAN, AGED 24, KALAPURAKKAL HOUSE, PATTANAKKAD PANCHAYAT WARD NO.6, PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, PATTANAKAD. (RESPONDENT 1 AND 2 ARE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA) 3. CHANDRASENAN, SON OF MUKUNDAN, AGED 31, KUNJIKALITHARA, PATTANAKAD PANCHAYAT, WARD NO.7, PATTANAKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 524. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3174 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioners are the accused in C.C.7/2010 and C.C.100/2010 on the file of Judicial First Class Magistrate-II, (Mobile court), Alappuzha. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A5 final report taken cognizance as C.C.7/2010 and Annexure-A6 private complaint which was taken cognizance as C.C.100/2010. Based on Annexure-A4 FIR after investigation Sub Inspector of Police, Pattanakkad submitted Annexure-A5 report alleging that petitioners committed the offences under Sections 341 and 323 read with Section 34 of Indian Penal Code on the allegation that on 24/7/2008 at about 9 p.m Crmc.3174/10 2 they committed the offences. It was taken cognizance by the learned Magistrate. Contending that police has not properly investigated and recorded the statements, second respondent/complainant filed Annexure-A6 private complaint. Learned Magistrate after conducting enquiry under Section 202 of Code of Criminal Procedure took cognizance of the offence as C.C.100/2010. Allegations raised in Annexure-A6 private complaint is with regard to the very same incident investigated by the police. The contention of the petitioner is that Annexure-A5 final report was submitted before the learned Magistrate on 29/8/2008 and Annexure-A6 private complaint was filed only on 23/12/2009 and as provided under Section 468 of Code of Criminal Procedure learned Magistrate could not have taken cognizance of all the Crmc.3174/10 3 offences in C.C.100/2010. The petitioner did not produce the order taking cognizance of the offences. A report was called for from the Judicial First Class Magistrate-II (mobile court), Alappuzha to ascertain the present stage of the cases and whether the plea of the accused has been recorded in both the cases. Report submitted by the Magistrate shows that plea of the petitioners were recorded in C.C.7/2010 on 4/2/2009 and the case stands posted for the examination of Cws.1 to 3. The report further shows that offences alleged in C.M.P.8476/2009 was taken cognizance as C.C.100/2010 and summons was issued to the petitioners and it stands posted to 17/9/2010 for recording the plea. Petitioners are entitled to raise all the contentions raised in this petition before the learned Magistrate Crmc.3174/10 4 in C.C.100/2010 and seek an order of discharge under Section 245(1) of Code of Criminal Procedure. With liberty to raise all the contentions before the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.