High Court Kerala High Court

R.Omanakuttan vs State Of Kerala Represented By The on 6 February, 2008

Kerala High Court
R.Omanakuttan vs State Of Kerala Represented By The on 6 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 333 of 2008()


1. R.OMANAKUTTAN, AGED 43 YEARS
                      ...  Petitioner
2. UPENDRAN, AGED 47 YEARS
3. K.R.SUBU @ JUNJUMON,AGED 37 YEARS
4. J.SARASAMMA, AGED 59 YEARS
5. PRABHAKARAN, AGED 60 YEARS
6. MANIYAN @ JAYACHANDRAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. K.K.SREENIVASAN,S/O.GOVINDAPANICKER

                For Petitioner  :SRI.M.R.SUDHEENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/02/2008

 O R D E R
                                V. RAMKUMAR , J.

                 ==========================

                              CRL.M.C. No. 333 of 2008

                 ==========================

                  Dated this the 6th day of February, 2008.


                                   O R D E R

The petitioners, who are accused Nos. 3,4,7 to 9 and 11 in

C.P. No. 171/2007 on the file of the Judicial First Class

Magistrate, Haripad for offences punishable under Sections 147,

148, 341, 321, 323, 324 and 308 IPC r/w Section 149 IPC, seek

to quash the proceedings before the Magistrate.

2. The petitioners have got an effective and alternative

remedy of pleading for a discharge at the time of preliminary

hearing under Section 227 Cr.P.C after the learned Magistrate

commits the case to the Court of Session. Hence, this Court will

be loath to interfere with the matter in a petition under Section

482 Cr.P.C. Leaving the petitioners to the remedy of pleading for

a discharge at the appropriate stage, this Crl. M.C is dismissed.

V. RAMKUMAR, JUDGE.

rv