IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Crl.MC.No. 1311 of 2008 ------------------------- MC.95/2006 of THE SUB DIVISIONAL MAGISTRATE, KOLLAM .................... PETITIONER: COUNTER PETITIONERS NO.17 & 19 ------------------------------------------ 1. SATHAR, S/O.ALIKUNJU, AGED 33 YEARS, MATHARAYYATHU VEEDU, KADATHOOR MURI, KULASEKHARAPURAM. 2. BASHEER, S/O.HASSANKUNJU, AGED 49 YEARS, MUTTATHU VEEDU, KADATHOOR MURI, THAZHAVA. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: PETITIONERS ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1311 of 2008 = = = = = = = = = = = = = = Dated this the 2nd day of April , 2008 ORDER Petitioners, who are counter petitioners 17 and 19 in M.C.No.95/2006 on the file of the Sub Divisional Magistrate, Kollam in a proceedings initiated under Section 107 Cr.P.C., seek to quash the proceedings so far as they relate to the petitioners. According to the petitioners, there is absolutely no material against them so as to justify the initiation and continuation of the proceeding against the petitioners. 2. Learned Public Prosecutor on instruction submitted that there is absolutely no crime registered against the petitioners, nor any circumstance made out against the petitioners so as to justify the initiation of the proceedings under Section 107 Cr.P.C. If so, the proceedings were initiated against the petitioners without any basis at all. Hence, M.C.No.95/2006 on the file of Crmc 1311/2008 -2- the Sub Divisional Magistrate, Kollam so far as it relates to the petitioners, who are counter petitioners 17 and 19 therein shall stand quashed. This Crl.M.C.is allowed. V. RAMKUMAR, JUDGE ks.