ORDER

The petitioners are the accused Nos.1 to 10 in CC No.296/14 of JFCM Court, Kolencherry, which arised from crime No.61/13 of Puthencruz Police Station. The aforesaid crime was registered against the petitioners for the offences punishable under Sections

143, 147, 148, 427 read with Section 149 IPC.

2. The prayer sought for by the petitioners is to quash Annexure 8 Final Report submitted in the said crime.

3. The prosecution case is that on 26.01.2013 at 11. a.m. the petitioners destroyed the lights, disconnected electric wires and also caused damage to the photos, plants etc. of St.Mary’s Orthodox Church, Pazhamthottam. According to the petitioners, no case has been made out against them even if the entire allegations contained in Annexure 8 final report is taken for its face value and accordingly they seek to invoke powers of this Court under Section 482 of Cr.P.C.

4. Heard Sri.Paul K. Varghese, learned counsel for the petitioners, Sri.Aravind Mathew, learned Public Prosecutor for the 1st respondent and Sri.Sajan Vargheese K., learned counsel for the 2nd respondent.

5. After arguing for some time, learned counsel for the petitioners sought permission of this Court to move the trial court for getting the proceedings against them stopped by filing appropriate application under Section 258 of Cr.P.C. It is therefore submitted that the contentions put forward in this Crl.M.C. may be kept open to enable them to raise the same before the trial court with the support of the documents which they intend to produce.

Considering the facts and circumstances of the case, I am of the view that the request made by the learned counsel for the petitioners can be allowed. Accordingly, this Crl.M.C. is disposed of without considering the merits of the contentions raised and granting liberty to the petitioners to approach the trial court for invoking their remedies to get a premature termination of the proceedings as contemplated under Cr.P.C. If any such application is submitted by the petitioners within a period of one month from today, the same shall be considered by the learned Magistrate in accordance with law as expeditiously as possible, at any rate, within a period of three months from the date of submission of the application by the petitioners.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

SCS

APPENDIX OF CRL.MC 4141/2015 PETITIONER EXHIBITS ANNEXURE 1 A TRUE COPY OF THE 1934 CONSTITUTION OF MALANKKARA ORTHODOX SYRIAN CHURCH ANNEXURE 2 TRUE COPY OF THE JUDGMENT IN OS NO.41/77 OF THE DIST. COURT ERNAKULAM DATED

28/11/1998.

ANNEXURE 3 A TRUE COPY OF THE JUDGMENT IN AS NO.361/1999 OF THE HIGH COURT OF KERALA DATED 9/3/2012.

ANNEXURE 4 A TRUE COPY OF THE SUIT AS OS NO.19/12 FILED BY SRI.BENOY AND OTHERS BEFORE THE ADDITIONAL DISTRICT COURT ERNAKULAM DATED

3/1/2012.

ANNEXURE 5 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE GOVERNMENT HOSPITAL VADAVUKODU TO SUBIN DATED 27.01.2013 ANNEXURE 6 A TRUE COPY OF THE LETTER SUBMITTED BY REV. FR.MATHAI EDAYANAL COR EPISCOPA TO THE PUTHENCRUZ POLICE STATION DATED

28/1/2013.

ANNEXURE 7 A TRUE COPY OF THE FIR IN CRIME NO.61/13 ON THE FILE OF PUTHENCRUZ POLICE STATION DATED 27/1/13 ANNEXURE 8 A TRUE COPY OF THE FINAL REPORT IN FIR NO.61/13 OF THE PUTHENCRUZ POLICE STATION DATED 27/1/2014.

ANNEXURE 9 A TRUE COPY OF THE CHARGE IN FIR NO.61/A/3 REGISTERED BY PUTHENCRUZ POLICE STATION DATED 27/1/14.

ANNEXURE X A TRUE COPY OF THE ORDER IN I.A.NO.

1230/2018 IN O.S.NO.24/2013 ON THE FILE OF DISTRICT COURT, ERNAKULAM DATED

4.1.2019 ANNEXURE XI A TRUE COPY OF THE PLAINT IN O.S.142/1974 ON THE FILE OF SUB COURT, KOTTAYAM DATED

24.06.1974 A TRUE COPY OF THE RELEVANT PAGES OF ANNEXURE XII MINUTES BOOK OF THE MALANKARA SURIYANI KRISTANI ASSOCIATION HELD AT M.D.SEMINARY, KOTTAYAM ON 28.12.1965 ANNEXURE XIII A TRUE COPY OF THE ELECTION OF REPRESENTATIVES OF ST.MARY’S ORTHODOX CHURCH, PAZHAMTHOTTAM TO MALANKARA SURIYANI KRISTANI ASSOCIATION POTHUYOGAM DATED 7.4.1977