ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.685/2021 on the file of the Judicial First Class Magistrate Court - II, Kochi, arising from Crime No.1058/2021 of Thoppumpady Police Station. The above case is charge-sheeted against the petitioners alleging offences punishable under Section 153 r/w 34 of the Indian Penal Code and also under Section 120 (o) of the Kerala Police Act .

2. According to the petitioners, even if the entire allegations are accepted, no offence is made out.

3. After hearing both sides, I am not inclined to interfere with the proceedings pending before the trial court for the simple reason that the Calender Case is registered in the year 2021 and this Crl.M.C is filed only in the year 2023. The petitioners can be allowed to file a petition under Section 258 Cr.P.C before the court below, if the offence is not attracted. If such a petition is filed, the trial court will consider the same and pass appropriate orders. The presence of the petitioner can be dispensed with till final orders are passed in the petition.

Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:

1. The petitioner is free to fi