IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.MC.No. 2436 of 2009() ------------------------- CC.154/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 AND 2: ------------------------------------------------------ 1. V.SASIDHARAN, S/O.N. VELAYUDHAN, AGED 60 YEARS, NOW RESIDING IN SAS VALUPACHAYIL, PULIPPARA P.O., KADAKKAL, KOLLAM DISTRICT. 2. ASHA, AGED 53 YEARS, W/O. SASIDHARAN, RESIDING IN SAS VALUPACHAYIL, PULIPPARA P.O., KADAKKAL,KOLLAM DISTRICT. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): DEFACTO-COMPLAINANT & STATE: -------------------------------------------------------------------------------- 1. RADHAMMA, AGED ABOUT 60 YEARS, W/O. SAHADEVAN, R.S. BHAVAN, KADAKKAL P.O., NOW RESIDING AT P.R.A. 28, “SEA LAND”, PAROTTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2436 OF 2009 ------------------------------------------ Dated 6th August 2009 O R D E R Petitioners are accused in C.C.154/2005 on the file of Judicial First Class Magistrate, Thiruvananthaupram. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-C complaint lodged by the first respondent and taken cognizance by the learned Magistrate. Petition itself shows that evidence has already been recorded by the learned Magistrate and petitioners were questioned under Section 313 of Code of Criminal Procedure. In such circumstances, it is not for this court to invoke the extra ordinary inherent jurisdiction under Section 482 of Code of Criminal Procedure at this stage. Petitioners are entitled to raise all the contentions raised herein before the learned Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR, 2 JUDGE. uj.