IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Crl.MC.No. 361 of 2006() ------------------------ CC.286/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/1ST ACCUSED: ---------------------------------------- JOHNSON, PREVENTIVE OFFICER, EXCISE OFFICE, SASTHAMCOTTA. BY ADV. MR.K.G.REGHUNATH MR.BINDU SREEKUMAR RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. VIJAYAMMA, PRAMOD BHAVANAM, CHERUKUNNAM MURI, PALLICKAL VILLAGE, ADOOR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R1 BY ADV. MR.RATHEESH.P.R. MR.NIJOE MATHILUNKAL JOSEPH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/03/2009, ALONG WITH CRMC NO. 123 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 361 of 2006() ORDER ON CRL. MA. NO.603/2006 IN CRL. MC. NO.361/2006 DISMISSED 30/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NOs. 361/06 & 123 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of March, 2009. O R D E R Crl.M.C.361/06 is filed to quash the proceedings in C.C.286/05 and Crl.M.C.123/09 is filed to quash the proceedings in C.C.18/06. Both are pending before the Judicial First Class Magistrate Court,Adoor. In Crl.M.C.123/09 the offences alleged against the accused are u/Ss.333, 323, 324, 294(b) r/w S.34 IPC and S.3(1) of P.D.P.P. Act. The accusation is to the effect that on account of the enmity towards the Excise officials, on 13.4.2004 at about 9.25 p.m. it is alleged that the accused formed themselves into a group and using an iron rod have broken the glass of the jeep and other parts of the jeep and thereafter had attacked and injured the first witness therein and thereby committed offences under the IPC as well as under the P.D.P.P. Act. 2. In the other case the accusation is on the basis of a private complaint. The mother of the accused had filed a private complaint to the effect that the Excise officials Crl.M.C. Nos.361/06 & 123/09 -:2:- formed themselves into an unlawful assembly, trespassed into the house where the accused and their mother were residing and had attacked them and caused injuries and thereby had committed the offence as mentioned in the private complaint. I am informed that Crl.M.C.361/06 is in the trial stage and the other case also is on the trial stage. Now, the allegations are matters which have to be probed to ascertain what has really transpired. S.482 Cr.P.C. cannot be invoked for the said purpose because the Court has only a limited jurisdiction therein. So far as both these cases are concerned there the allegations supported by particulars and materials. The correctness or truthfulness of the same has to be only considered at the stage of trial. Therefore circumstances do not exist to quash the proceedings and therefore I decline to quash the proceedings. It is true that they are two instances but the matters appear to be Crl.M.C. Nos.361/06 & 123/09 -:3:- interconnected and therefore it is desirable that both the cases are tried closely and judgments can also be pronounced one after the other. With this observation these Crl.M.Cs are dismissed. M.N. KRISHNAN, JUDGE. ul/-