IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 395 of 2008() --------------------------- CRIME NO. 27/2004 of ATTINGAL POLICE STATION PETITIONER: 1ST ACCUSED: ------------------------ SABU, S/O. ABDUL LATHEEF, AGED 28 YEARS, RESIDING AT PUTHUVALVILA PUTHAN VEEDU, OORUPOIKA, EDAKKODE VILLAGE,CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 395 of 2008 ========================== Dated this the 4th day of February, 2008. O R D E R The petitioner, who is the sole accused in Crime No. 27/2004 of Attingal Police Station registered for offences punishable under Sections 143, 147, 148, 447 and 506(i) r/w Section 149 IPC and subsequently charge sheeted for offences punishable under Sections 447 and 506(i) IPC, seeks to quash Annexure A-1 FIR and A-3 charge sheet. It is true that from the allegations regarding the plurality of assailants as made in the First Information Statement the number has come down to the petitioner alone as the sole accused in the final report. But that is not a ground for quashing the charge sheet. The de facto complainant is none other than the father of the petitioner. The Judicial First Class Magistrate-I, Attingal has taken cognizance of the offences as C.C No. 47/2005 for the aforementioned offences. On the averments in the charge sheet it cannot be said that the aforementioned two offences are not made out. Hence, I see no ground to entertain this Crl. M.C which is accordingly dismissed. V. RAMKUMAR, JUDGE. rv