IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Crl.MC.No. 4881 of 2008(C) -------------------------------- CC.323/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, SULTHANBATHERY .................... PETITIONER(S)/ACCUSED: -------------------------------- ELIKUTTY, PULIKKATHOTTATHIL HOUSE THAZHAYANGADI,PULPALLY, WAYANADU. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S)/COMPLAINANT & STATE: ------------------------------------------------ 1. P.N.SIVAN, S/O.NARAYANAN PUTHENVEEDU HOUSE, THAEZHAYANGADI, PULPALLY,WAYANAD. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA ERNAKULAM. ADV. SRI.T.G.RAJENDRAN FOR R1 PUBLIC PROSECUTOR SIR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/03/2009, ALONG WITH CRL.M.C.939/09, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NOs. 4881/08 and 939 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of March, 2009. O R D E R Crl.M.C.4881/08 is filed with a prayer to quash the proceedings pending before the Judicial First Class Magistrate-II, Sulthan Bathery in C.C.323/08. It is one filed u/s 499 IPC alleging that the first respondent in this petition had uttered filthy words and thereby had brought the name of the petitioner to disrepute. Crl.M.C.939/09 is filed by the accused in C.C.323/08 against the defacto complainant therein attributing allegations of offence u/s 294(b) and 509 IPC. This is on account of an alleged exchange of words that had taken place on a particular date. Both these matters require factual consideration for arriving at a proper decision and the attraction of the offence would depend upon the words spoken, intention behind and other ingredients necessary to constitute offences under the sections alleged. Therefore it is too early a stage for this Court to quash the proceedings and therefore I decline to quash the proceedings Crl.M.C. 4881/08 & 939/09 -:2:- as prayed for. I direct the learned Magistrate to consider the bail application if filed and release her on self bond and with a direction to appear as and when necessary. Needless to say the parties will have their right to move the Court for exemption etc. as provided under the Criminal Procedure Code and in the light of the decisions on the subject. So reserving this right in favour of the petitioners, the Crl.M.Cs. are closed. M.N. KRISHNAN, JUDGE. ul/-