IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4121 of 2009()
1. THAMEED, S/O.MUHAMMED, AGED 25 YEARS,
... Petitioner
2. MOHIYUDEEN, S/O.MOHAMMED KUNJI,
3. ASHRAF @ ABU, S/O.IBRAHIM,
4. SALAM @ MOHAMMED ASLAM,
5. SHOUKATH ALI, S/O.SULAIMAN,
Vs
1. M.SHAIK, S/O.ISMAIL, AGED 32 YEARS,
... Respondent
2. C.H.MOHAMMED RAFEEK, S/O.ABDULLA,
3. THE S.I OF POLICE,
For Petitioner :SRI.S.JIJI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/01/2010
O R D E R
P.BHAVADASAN, J.
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Cr. MC No.4121 of 2009-E
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Dated 28th January 2010
Order
This is a petition, filed under Section 482 of the
Code of Criminal Procedure, seeking to have all further
proceedings in Crime No.159/09 of Manjeswar Police
Station, quashed.
2. The petitioners are arrayed as Accused Nos.1 to
5 in the said crime, for having committed the offences
punishable under Ss. 143, 147, 148, 323, 324, 341 and
427 r/w 149 IPC. The F.I.R. is produced as Annexure A1.
The allegation against the petitioners is that they formed
into an unlawful assembly, armed with deadly weapons,
blocked the N.H. Road at Manjeswar and thereby
restrained Autorickshaw bearing No.KL-14/B-685, in
which the defacto complainants were travelling and beat
them up. They also caused damages to the autorickshaw
to the tune of Rs.5,000/-. The final report in the case
was laid before Court and the Chief Judicial
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Magistrate’s Court took cognizance of the offence as CC
No.455/09. The petitioners would point out that the
allegations raised against them are false and made with
ulterior motives. They also submitted that no purpose will
be served by proceeding further with the matter. They
relied on the decision in Madan Mohan Aboot v. State
of Punjab (2008(3) KLT 19(SC), in support of their
contentions and submitted that the proceedings are
liable to be quashed.
3. It is difficult to accept the plea of the petitioners.
The case does not relate to pure personal matters. In
such cases, one fails to understand, how the
compounding can help the petitioners at all. Apart from
the said fact, damages have been caused to the
autorickshaw, to the tune of Rs.5,000/-. There is nothing
stated about that aspect of the matter in the petition filed
by the petitioners. If the petitioners have a case that no
offences are made out against them, they may move for
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discharge. With the above observation, this petition
stands dismissed.
P.BHAVADASAN, JUDGE
sta
Cr.MC No.4121/09 4