IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 Crl.MC.No. 4850 of 2010() ------------------------- PETITIONERS/ACCUSED ---------------------- 1. RAJEESH, S/O.KUNJIRAMAN, CHERUVALLIMEETHAL VEEDU, AYANCHERRY P.O., VADAKARA VIA, KOZHIKODE DISTRICT. 2. RAYAROTH KUNJIRAMAN, S/O.CHATHU, CHATHANKANDI VEEDU, AYANCHERRY P.O., VADAKARA VIA, KOZHIKODE DISTRICT. 3. SASI, S/O.CHOYI, KANDOTH VEEDU, AYANCHERRY P.O., VADAKARA VIA, KOZHIKODE DISTRICT. 4. MOIDU K.P., S/O.AMMAD, KARIMBAMPUTHUSSERY HOUSE, AYANCHERRY, VADAKARA, KOZHIKODE - 673 544. 5. RATHEESH, S/O.KANNAN, PUTHUSSERY VEEDU, AYANCHERRY, VADAKARA, KOZHIKODE. BY ADV. SRI.DEEPU THANKAN RESPONDENTS/ COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, KOZHIKODE DIST. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 2. SREEKUMAR, S/O.SIVADASAN, HARI NIVAS, THANUR P.O., MALAPPURAM DISTRICT-676302 PUBLIC PROSECUTOR:ADV. SRI. M K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4850 of 2010 --------------------------------------- Dated this 14th day of January, 2011 ORDER Petitioners before me are the accused in C.P.No.71 of 2010 of the court of learned Judicial First Class Magistrate, Vadakara arising from crime No.605 of 2010 of Vadakara police station. Final report is submitted in that crime for offences punishable under Secs.143, 147, 148, 341, 323, 308 r/w Sec.149 of the Indian Penal Code. Case is that on 26.05.2010 at about 12 p.m about 300 persons including petitioners blocked the jeep in which de facto complainant and others were travelling in connection with construction of a mobile tower, the first petitioner assaulted de facto complainant on the head with the reaper which the latter evaded, it fell on the jeep and broke its side mirror. De facto complainant stated that if he had not evaded, it would have fallen on his head and caused his death. Petitioners are said to have wrongfully restrained and voluntarily caused hurt to the persons travelling in the vehicle. Petitioners say that the allegations are false and that at any rate no offence under Sec.308 of the Penal Code is made out. Petitioner therefore want to quash Annexures- B and C, FIR and Final Report and proceedings in C.P.No.71 of Crl.M.C.No.4850 of 2010 -: 2 :- 2010. I have heard learned counsel for petitioners and learned Public Prosecutor. Learned counsel argued that there is nothing on record to show that at any rate offence under Sec.308 of the Penal Code is made out. 2. Having regard to the ingredients of Sec.308 of the Penal Code and the nature of allegations made, I do not consider that it is a case where this court is required to exercise power under Sec.482 of the Code. I must also bear in mind that petitioners have the right to point out before the appropriate forum at the appropriate stage that no offence under Sec.308 of the Penal Code is made out. Having regard to the allegations contained in Annexures-B and C, I find myself unable to accept the argument of learned counsel. Hence the prayer in this petition cannot be allowed. I make it clear that dismissal of this Crl.M.C and any observation made herein will not affect right of petitioners to urge before the appropriate court at the appropriate stage that any of the offences referred to in Annexures-B and C are not made out. With the above direction this criminal miscellaneous case is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-