Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Crl.MC.No. 478 of 2013 () ------------------------- CC.NO.786/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANUR CRIME NO. 34/2012 OF KIDANGOOR POLICE STATION , KOTTAYAM ---------------------------------------------- PETITIONER(S)/ACCUSED 1 5 : ------------------------------------------ 1. ALPHI BABU, S/O BABU VARGHESE,THEKKEKARA HOUSE, KARIMBAN KARAYIL, IDUKKI DISTRICT.
2. RENJITH, S/O RAVINDRAN,KOYIPURAM HOUSE,VEMBALLI KARA, KANAKKARI VILLAGE,IDUKKI DISTRICT.
3. TOJO GEORGE, S/O GOERGE,CHERUVELLIL HOUSE,KATTACHIRA KARA, ETTUMANOOR VILLAGE,KOTTAYAM DISTRICT.
4. JOSE, S/O KURIYAN, PUZHAKAPALLIL HOUSE, PATTITHANAM KAVALA, ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT.
5. JACOB MATHEW, S/O JACOB MATHAI,ANJUKANDATHIL HOUSE. ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY COMPLAINANT(S)/RESPONDENT(S) : ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV. SMT. V.H. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS Crl.MC.No. 478 of 2013 () APPENDIX PETITIONERS ANNEXURES : ANNEXURE A : COPY OF THE F.I.R. AND F.I.S IN CRIME NO.34 OF 201.OF KIDANGOOR POLICE STATION. ANNEXURE B : COPY OF FINAL REPORT IN CRIME NO.372 OF 201.OF KIDANGOOR POLICE STATION. RESPONDENT(S) ANNEXURES : NIL / TRUE COPY / NS P.A. TO JUDGE T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~ Criminal M.C.No.478/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2013 ORDER
All the accused Nos.1 to 5 in C.C.No.786/2012 on the file of the Judicial First Class Magistrate Court, Ettumanoor have approached this Court seeking to quash the criminal proceedings against them.
2. Learned counsel for the petitioners submitted that a case as Crime No.34/2012 was registered against three named persons and three unknown persons on the basis of the First Information Report from the petitioner No.1, by the Kidangoor Police Station and five months after that another crime was registered as No.372/2012 of Kidangoor Police Station. It is averred that the said crime is registered after the filing of the Final Report in the first case. It is stated that the allegations are totally misconceived and the version is against the actual facts also. Learned counsel therefore submitted that the report submitted by the prosecution in support of the same including the statement of witnesses will clearly show that the charge is groundless in toto and the prosecution case is prima facie vitiated by mala fides. Therefore, the contention is that nothing has been made out in the First Information Statement and the prosecution case is a cooked up one.
3. It appears that the case is registered as a counter blast to the case in which the first petitioner is the informer. Both the matters are Crl.M.C No.478/2013 -:2:- pending before the same court. It will be too premature for this Court to interfere in the proceedings and quash the proceedings in C.C.No.786/2012. This Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure will not be justified in re- appreciating the evidence or attempting an analysis of the evidence also. Therefore, without prejudice to the right of the petitioners to approach the court below at the appropriate stage, the criminal miscellaneous case is disposed of. Sd/- (T.R. Ramachandran Nair, Judge.) ms