IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 797 of 2010() ------------------------------- CC.1282/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD CRIME NO.214/2008 OF PAVARATTY POLICE STATION. .................... PETITIONER(S): ACCUSED -------------------------------------- RIJAS, AGED 26 YEARS, S/O.SULAIMAN,NALAKATHU HOUSE KAKKASSERY, POOVATHUR, EDAVALU VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.797 OF 2010 --------------------------------------------- Dated 6th September, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken in C.C.1282/2008 on the file of Judicial First Class Magistrate, Chavakkad contending that without sanction, offence under Section 27 of Arms Act should not have been taken cognizance by the learned Magistrate. Learned Public Prosecutor was directed to ascertain whether charge was framed and it is reported by the learned Public Prosecutor and also admitted by the learned counsel appearing for the petitioner that charge was framed for the offences under Sections 143, 147, 148 read Crmc 797/10 2 with Section 149 of Indian Penal Code and Section 27 of Arms Act. As it is contended by the petitioner that there was no sanction , Public Prosecutor was also directed to ascertain whether there was any sanction. It is reported that no previous sanction was obtained. Learned counsel appearing for the petitioner argued that cognizance taken is to be quashed. I cannot agree with the submission of the learned counsel in view of the charge framed for the offences under Sections 143, 147 and 148 read with Section 149 of Indian Penal Code. Question whether there are evidence in support of the charge for the offences under Sections 143, 147 and 148 read with Section 149 of Indian Penal Code is to be decided by the learned Magistrate at the time of trial. Petitioner is also entitled to raise Crmc 797/10 3 all the contentions before the learned Magistrate including the question of want of sanction. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.