IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Crl.MC.No. 4307 of 2011 -------------------------------- PETITIONERS / ACCUSED:- --------------------------------------- 1. SEBASTIAN JOHN, AGED 59 YEARS, S/O. DEVASSIA JOHN, KURAVAMVELIYIL (PARK VIEW BUNGLOW), MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. JOHN, AGED 23 YEARS, S/O. SEBASTIAN JOHN, KURAVAMVELIYIL (PARK VIEW BUNGLOW), MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENTS / COMPLAINANT (CW1) & STATE : - -------------------------------------------------------------------------- 1. CHACKAPPAN, AGED 58 YEARS, S/O. ANTONY, KANJIRATHINKAL, VARANADU P.O., CHERTHALA, ALAPPUZHA, PIN-688 543. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4307 of 2011 APPENDIX PETITIONERS' ANNEXURES : ANNEXURE A1 : COPY OF THE F.I.R. IN CRIME NO. 533/2010 IN C.C. 787/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT -1, CHERTHALA. ANNEXURE A2 : COPY F THE FINAL REPORT IN C.C. 787/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT -I, CHERTHALA. ANNEXURE A3 : COPY OF THE FIS IN C.C. 787/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT -I, CHERTHALA. ANNEXURE A4 : COPY OF THE 161 STATEMENT OF CW2 IN C.C. 787/2010 BEFORE THE JUDICIAL FIRST MAGISTRATE'S COURT -I, CHERTHALA. ANNEXURE A5 : COPY OF THE 161 STATEMENT OF CW3 IN C.C. 787/2010 BFORE THE JUDICIAL FIRST MAGISTRATE'S COURT -I, CHERTHALA. ANNEXURE A6 : COPY OF THE WOUND CERTIFICATE OF DEFACTO COMPLAINANT DATED 06.05.2010 IN C.C. 787/2010 BEFORE THE JUDICIAL FIRST MAGISTRATE'S COURT -I, CHERTHALA. ANNEXURE A7 : COPY OF THE TAX RECEIPT OF THE PROPERTY OF THE 1st PETITIONER. ANNEXURE A8 : COPY OF THE JUDGMENT DATED 01.06.2010 BY THIS HONOURABLE COURT IN WP (C) 14969/2010. ANNEXURE A9 : COPY OF THE REPORT SUBMITTED BY THE KERALA STATE POLLUSION CONTROL BOARD DATED 11.06.2010. RESPONDENTS' ANNEXURES: NIL. TRUE COPY P.A. TO JUDGE DMR/- N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4307 of 2011 ----------------------------------- Dated this the 23rd day of December 2011 O R D E R Petitioners are the accused in C.C.No.787/2010 on the file of J.F.C.M.-I, Cherthala. The offences alleged against them are under Secs.341, 323 and 294(b) r/w 34 IPC. The allegation is that the de facto complainant was working as security staff. He was stated to have been abused and attacked by the petitioners. They voluntarily caused hurt to him by twisting his hands and kicked him on his abdomen. 2. Learned counsel for the petitioners submits that the allegations are absolutely false. It is a case where the police has investigated the case and filed a final report. This Court, invoking Sec.482 Cr.P.C. cannot go into the facts of the case to find whether based on the materials collected, the accused can be convicted or not. I find no merit in this petition. Petitioners can raise all their contentions before the court below. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JU DGE. Jvt