IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.MC.No. 773 of 2010() ----------------------------------- CC.408/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ALUVA CRIME NO.1178/2009 OF ANGAMALY POLICE STATION, ERNAKULAM DIST. .................... PETITIONERS/ACCUSED 1 TO6 --------------------------------------------- 1. KISHORE, S/O.ANASOOYA, AGED 25, H.NO.116, NEAR IOC BASIN ROAD, MANALY EXPRESS ROAD, RAMASWAMY NAGAR, KARMEDU, THIRUVATHOOR, THIRUVALLOOR DIST. 2. KUMAR, S/O.MARY, AGED 27, H.NO.7, NEW HOUSE NO.13, 6TH STREET, RAJAMAMANGALAM, WILLIVAGAM, CHENNAI-48, TAMILNADU. 3. KISHORE, AGED 26, S/O.VENKITAYA, DOOR NO.5, GOVT.COLONY, BENGEL MUNDALAM, KAERKAL COPPA, BITHRAGUNDL, NEAR BY PASS NELLOOR DISTRICT, ANDRAPRADESH. 4. LAZAR, S/O.MANORAMA, AGED 22, OLD HOUSE NO.54, NEW NO.24, INDIRA NAGAR, PALLAM, RAJAMANGALAM, VILLIVAKOM, CHENNAI-49,TAMILNADU. 5. JOHNSON, AGED 29, S/O.MALLAYA, H.NO.5, 2ND STREET, NEAR WATER TANK, RAJAMANGALAM -DO- 6. PRADEEP, AGED 26, S/O.BABU, D.NO.45, NEAR TELUNGU CHURCH, 3RD CROSS ROAD, JARDHAPET, KAVERLI DISTRICT, ANDRAPRADESH. BY ADV. MR.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT -------------------------------------------- SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.773 OF 2010 ------------------------------------------ Dated 24th March 2010 O R D E R Petitioners are the accused in C.C.408/2010 on the file of Judicial First Class Magistrate-II, Aluva taken cognizance for the offence under Section 380 read with Section 34 of Indian Penal Code on Annexure-A2 final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken on the final report contending that as per Annexure-A1 FI statement only one accused was involved and it was later the other accused were also implicated and in the light of the statement in Annexure-A1 FIR the subsequent case cannot be accepted. 2. Learned counsel appearing for Crmc 773/10 2 the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find this is a proper case to exercise the extra ordinary jurisdiction under Section 482 of Code of Criminal Procedure, to quash the cognizance taken. Even if, there is any discrepancy or ambiguity in the first information statement and the subsequent statements, it is not a ground to quash the proceedings. Question whether subsequent version could be believed, based on the earlier version is a matter to be considered at the time of trial and on the assumption that first information statement is the only correct version, the case cannot be quashed as sought for. Petitioners are at liberty to Crmc 773/10 3 raise all the contentions before the learned Magistrate and may also seek an order of discharge under Section 239 of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.