ORDER :

Petitioners are alleged to have conducted a parallel telephone exchange, and on getting information, Crime No.340 of 2005 of Ponnani Police Station was registered against them. After investigation, a final report was filed, which was taken cognizance as C.C. No.9 of 2012 on the files of the Judicial First Class Magistrate's Court, Ponnani.

2. The bone of contention raised by the petitioners in this proceeding under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C') is that the offences for which the crime was registered initially were all non-cognizable offences and by virtue of section 154(2) of Cr.P.C, the police could not have commenced the investigation, without an order of the Magistrate. The investigation being illegal from the inception, the final report and the cognizance taken by the Magistrate were all without authority of law.

3. Though the detailed facts of the case are not relevant for disposing of this petition, a reference to the basic allegations are appropriate and are as follows:

On 24.08.2005, an FIR was registered alleging that the accused had, after obtaining a Reliance telephone connection, shifted the telephone to another place a