IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.MC.No. 1055 of 2009() ----------------------------------- CC.193/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONERS/ACCUSED 1 & 2: ------------------------------------------- 1. LAL MOHAN, S/O.CHANDRAMOHAN, AGED 22 YEARS, KOCHUPUTHUVEL HOUSE, T.C.48/245, V-ONE NAGAR, H.NO.2, AMBALATHARA, TRIVANDRUM. 2. SYAM MOHAN, S/O.CHANDRAMOHAN, AGED 20 YEARS, KOCHUPUTHUVEL HOUSE, T.C.48/245, V-ONE NAGAR, H.NO.2, AMBALATHARA, TRIVANDRUM. BY ADV. MR.BECHU KURIAN THOMAS RESPONDENTS/COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJESH PRASAD @ SHALU, S/O.T.K.R. PRASAD, T.C.48/245/2, V-ONE NAGAR, AMBALATHARA, TRIVANDRUM. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1055 of 2009 ORDER ON CRL. MA. NO.1542/2009 IN CRL. MC. NO.1055/2009 DISMISSED 26/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1055 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R This petition is preferred to quash all further proceedings pursuant to C.C.193/07 pending before the Judicial First Class Magistrate-II, Thiruvananthapuram. The grievance of the petitioners is to the effect that on 11.11.06 the 2nd respondent along with the parents ejected contaminated water into the residential compound of the present petitioner and when it was objected to, they had attacked the petitioners resulting in injuries to them. They were taken to the hospital. They had made a complaint but the police did not take any proper action which resulted in filing of a private complaint. In the meanwhile the respondents also moved the Police and got a crime registered u/Ss.323, 341, 324 and 294(b) r/w S.34 IPC. After the investigation the police deleted S.294(b) and filed a final charge sheet incorporating other sections. Now, the question to be decided in these types of cases is whether any Crl.M.C. 1055 OF 2009 -:2:- incident has taken place as alleged. Secondly whether there was attack and counter attack and if so who is the aggressor and if not whether one was only on the receiving end. These are all matters which has to be probed into. Unfortunately the particulars regarding the case and the result of the investigation is not available before me and I think this is an appropriate case where all these contentions can be raised when the trial court post the case for filing charge or they can even file application for discharge raising all these contentions. Then all the materials available in both these cases can be looked into and the Court can pass appropriate orders. So with reserving the liberty to move an application for discharge this Crl.M.C is disposed of. M.N. KRISHNAN, JUDGE. ul/-