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2018 Supreme(Ker) 347

K.ABRAHAM MATHEW
Joseph John S/o John – Appellant
Versus
State of Kerala, Rep. by Pubic Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Sri. C. Harikumar, Sri. P.S. Sidharthan, Sri. Renjith Rajappan.
For the Respondent: Sri. C.S. Hrithwik.

ORDER :

1. The petitioners are the accused in a case in which the allegation is that they have committed the offences under Sections 427 and 447 IPC. The proceedings are sought to be quashed in this petition filed under Section 482 Cr.P.C.

2. Earlier they had filed Crl. M.C. No. 5516 of 2013 to quash the proceedings in the trial court. By Annexure-A5 order this court dismissed the Crl. M.C. giving them liberty to move the court concerned seeking discharge. Accordingly, they filed an application to discharge them. By the impugned order the learned Magistrate dismissed the petition. The petitioners pray for quashing the final report and the order of the learned Magistrate.

3. Heard the learned counsel for the petitioners and the learned Public prosecutor.

4. It may be noted that the offences which the petitioners are alleged to have committed fall under Sections 427 and 447 IPC only. It is a summons case. In the impugned order the learned Magistrate has observed:

“The Hon'ble High Court vide the said order has not taken note of the alleged offences in the case. As such the case was taken on file for the offences punishable u/s. 447, 427 r/w 34 of IPC. The present case is a summons case. A











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