1. The petitioner who is the first accused is before this Court with the petition under Section 482 Cr.P.C. to quash the First Information Report vide Crime No. 1065/2004 of Kasaragod Police Station registered against him and others for the offences punishable under sections 193, 196, 205, 120B read with Section 149 of IPC pursuant to the complaint of the 1st respondent filed under Section 340 Cr.P.C as C.M.P.6826/2004 before the Chief Judicial Magistrate, Kasaragod.

2. The brief facts of the case as emerged from the records need to be noted for deciding the issue mooted for consideration. Crime No. 338/2002 of Kumbala Police Station was registered against five accused for having committed offences punishable under Sections 143, 147, 341, 323, 324, 452, 506(ii) read with Section 149 IPC. The case was taken on file by the court concerned as C.C. No. 519/2002 in which the injured were also five in number, namely Abdul Riyas, Shamsuddin, Beevi, Ahammed Kabir and Abdul Salam. It was alleged that CW1, 2 and 4 were employed in ship and they were not available in the locality to appear before the court for several months. So also the accused 2 and 4 were also not there as they we