IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 2733 of 2008() ------------------------- CC.318/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): IST ACCUSED: ----------------------------------------------- P.REGHU, DY.S.P., CRIME BRANCH, THIRUVANANTHAPURAM. BY ADVS. MR.R.T.PRADEEP, MR.V.VIJULAL. RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LILLY, D/O.TRESA, PUTHUVAL PUTHEN VEETTIL, KATTUKULAM, TOWN WARD, KAZHAKKOOTTAM P.O. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 BY ADV. MR.BLAZE K.JOSE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.2733 OF 2008 -------------------------------- Dated this the 28th day of January 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have Annexure A1 quashed. 2. Petitioner is the 1st accused in a complaint filed by the 2nd respondent before the court below alleging offences punishable under Sections 457, 458, 461, 506(ii), 294(b), 323 and 34 of I.P.C. It is alleged in the complaint that accused No.1 who was then Circle Inspector, Kazhakkoottam, accused No.2 who was then Sub Inspector and accused No.3 who was then a police constable trespassed into the house of the complainant and caused considerable damages to the articles in the house. Complaint is Annexure A1. 3. It was on a private complaint, cognizance was taken by the court below against the accused. Petitioner says that he is totally innocent. It is pointed out that prosecution is bad for want of Section 197 of Cr.P.C. 4. Whatever be the situation, the court below, on the private complaint, took cognizance of the offence. Petitioner can Crl.M.C No.2733 OF 2008 Page numbers appear before the court below and bring to the notice of the court that the proceedings are belated as prohibition under Section 197 of Cr.P.C is attracted. They may also plead for a discharge. Reserving the liberty of the petitioner to resort any of the above remedies, the petition is dismissed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv