VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 to 5 in Crime No.1301/2018 of Konni Police Station, which is pending as C.C.No.1237/2018 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta. The aforesaid crime was registered for the offences punishable under Ss. 7(a) r/w. 25(1A) of Arms Act, 1955.

(2.) The prosecution case is that, while the 2nd respondent, along with the police party was conducting patrol duty, they found the petitioners, who were members of ABVP/BJP, with arms in a car bearing registration No. KL03-Z1125. It is alleged that the vehicle was found near a college affiliated to Mahatma Gandhi University, where an election was forthcoming. The petitioners were arrested from the spot along with arms which consisted of hammer and a brake cable made of steel and a sharp-edged weapon that comes within the category of 'churika'. The said articles were seized from the back side of the car. Annexure-A1 is the F.I.R. and Annexure-A2 is the final report submitted by the police. The learned Magistrate had taken cognizance of the same, and it is now pending trial. This Crl.MC is filed by the petitioners for quashing all further proceedings pursuant to Annexure-A2 final report.

(3.) Heard Sri.T.K. Biju (Manjinikara), the learned counsel for the petitioners, Smt.Sreeja V., the learned Senior Public Prosecutor for 1st and 2nd respondents.