IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1455 of 2010()
1. DILEEP, AGED 26 YEARS,
... Petitioner
2. DEEPAK AGED 28 YEARS,
3. SURESH @ VINE, AGED 34 YEARS,
4. SHAIJU, AGED 34 YEARS,
5. MONY @ KALABHAVAN MONY,AGED 39 YEARS,
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE MANAGER, DREAM WORLD WATER PARK
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 1455 OF 2010
===========================
Dated this the 14th day of September,2010
ORDER
Petitioners are the accused in C.C.365/2010
on the file of Judicial First Class
Magistrate’s Court, Chalakudy taken cognizance
for the offence under sections 143,
147,149,323, 448 read with section 149 of
Indian Penal Code on Annexure I final report
submitted by the Sub Inspector of Police,
Chalakudy after investigation. This petition
is filed under section 482 of the Code of
Criminal Procedure to quash the cognizance
taken contending that the ingredients of the
offences are not attracted.
2. Learned counsel appearing for the
petitioners, second respondent and learned
Public Prosecutor were heard.
3. On going through the final report, it
Crl.M.C.1455/2010 2
cannot be said that ingredients of an offence is
not attracted. It is upto the petitioner to
approach the learned Magistrate and raise the
contentions and seek an order of discharge under
section 239 of Code of Criminal Procedure. With
liberty to file an application for discharge under
section 239 of Code of Criminal Procedure raising
the contentions raised herein, petition is
disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006