PRAVEEN XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) All these petitions are submitted by the accused Nos. 1 to 4 in Crime No. 150 of 2007 of Santhampara Police Station. On the basis of the the final report submitted in the said crime, the Judicial First Class Magistrate Court, Nedumkandam has taken cognizance thereon for the offences punishable under Ss. 447, 468, 465, 471, 420, 120(B) read with Sec. 34 of Indian Penal Code as C.C. No. 890/2013.

(2.) Crl. R.P. No. 1774/2014 is filed by accused Nos. 2 to 4 challenging the order dtd. 23/12/2013 passed by the learned Magistrate issuing summons to the accused persons. Crl.M.C. No. 1560/2014 is submitted by the 1st accused therein challenging the final report submitted in Crime No. 150 of 2007 of Santhampara Police Station and to quash all further proceedings pursuant to the same by invoking powers of this Court under Sec. 482 Cr. P.C. While Crl. M.C. No. 1560/2014 was pending consideration, the petitioner therein, after availing permission from this Court, moved the trial court for discharge from the proceedings, which resulted in order dtd. 8/9/2017 in C.M.P. No. 4636 of 2017. As per the said order the prayer sought for by the petitioner was dismissed by the learned Magistrate. Challenging the same 1st accused filed Crl.R.P. No. 13/2017 before the Additional Sessions Court IV, Thodupuzha and the same was dismissed as per order dtd. 9/11/2018. The aforesaid orders are challenged by the 1st accused in Crl. M.C. No. 8163/2018 and in the said Crl. M.C. the aforesaid impugned orders are produced as Annexures F and G respectively. The final report submitted in the aforesaid crime is produced in the Crl.M.C. as Annexure A. The main challenge raised by the petitioners is against the sustainability of prosecution against them in C.C. No. 890 of 2013 pending before the Judicial First Class Magistrate Court, Nedumkandam. For the sake of convenience, the documents are described in the manner as produced in Crl. M.C. No. 8163/2018.

(3.) The basic facts which resulted in registration of the aforesaid crime and consequential prosecution are as follows: The petitioners herein are the accused Nos. 1 to 4 in C.C. No. 890 of 2013. The aforesaid case arises from Crime No. 150 of 2007 of Santhampara Police Station, which was registered against 16 accused persons including the petitioners herein, for the offences mentioned above.