IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Crl.MC.No. 5029 of 2003 -------------------------------------- (Crime No.186 of 2003 of Neyyattinkara Police Station) PETITIONERs / ACCUSED ----------------------------------------- 1. JAYAKUMARI AMMA, KUMARAVILASOM BANGLOW, CHOZHIYARKONAM, MYLACHEL DESOM, KEEZHAZHOOR, NEYYATTINKARA, NOW RESIDING AT 'KRISHNA', T.C.1/802, KUMARAPURAM, MEDICAL COLLGE P.O., TRIVANDRUM. 2. VINOD KUMAR, KUMARAVILASOM BANGLOW, CHOZHIYARKONAM, MYLACHEL DESOM, KEEZHAZHOOR NEYYATTINKARA, NOW RESIDING AT 'KRISHNA', TC 1/802 KUMARAPURAM, MEDICAL COLLEGE P.O., TRIVANDRUM. 3. VIMAL KUMAR @ VIMAL NAIR, KUMARAVILASOM BANGLOW, CHOZHIYARKONAM, MYLACHEL DESOM, KEEZHAZHOOR, NEYYATTINKARA, NOW RESIDING AT 'KRISHNA', T.C.1/802, KUMARAPURAM, MEDICAL COLLEGE P.O., TRIVANDRUM. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.SOJAN MICHEAL RESPONDENTS / COMPLAINANT ----------------------------------------------------- 1. SEBASTIAN ALIAS PEREIRA, S/O. ALIAS PEREIRA, 'USHUS' T.C.NO. 2. STATE OF KERALA - (CRIME NO.186/2003 OF NEYYATTINKARA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.FAZIL FOR R1 SRI.P.T.ARUNKUMAR FOR R1 PUBLIC PROSECUTOR SRI.P.P.AMJETH ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON 25/03/2008 PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.5029 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March 2008 ORDER Petitioners were arraigned as accused in Annexure-I private complaint filed by respondent No.1 herein alleging commission of offences punishable under Sections 120B, 468, 471, 110 read with Section 34 IPC. 2. It appears that the learned Magistrate before whom Annexure-I complaint was filed had forwarded it to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Consequently, Annexure-I(b) FIR (Crime No.186/03) was registered by Neyyyattinkara Police. It is contended by the petitioners that the attempt of the defacto complainant is to escape from the contractual obligation to assign the property covered under Annexure-II agreement for sale to the petitioners. It is also contended that in his capacity as Power of Attorney Holder of Miss.Ashish Gopakumar the defacto complainant could not have filed the above complaint alleging various offences under the Indian Penal Code. Crl.M.C.No.5029 OF 2003 :: 2 :: 3. In response to the various averments made by the petitioners in the Criminal M.C. the defacto complainant has filed a counter affidavit along with 19 documents controverting the entire allegations. Petitioners have also produced several documents in support of their contentions. Having carefully perused the pleadings and documents produced by the parties, I have no hesitation to hold that this is not a fit case in which any interference can be made invoking the inherent power under Section 482 of the Code. The factual disputes have to be necessarily thrashed out before the trial court. It is true that the nature of the dispute may fall in the realm of a civil dispute. But still, it will always be open to the petitioners to urge all their contentions before the trial court. They can also plead for discharge at the appropriate stage. I do not find any reason to entertain this criminal M.C. Accordingly, it is dismissed. (A.K.BASHEER, JUDGE) jes