Mohanan @ Monai, Gopi and Mathew vs State of Kerala

M. Sasidharan Nambiar, J.—Petitioners are the accused in C.C. No. 96/1997 on the file of Judicial First Class Magistrate''s Court-II, Thamarassery, taken cognizance for the offences under Sections 27(1)(e)(iii) and (iv) of Kerala Forest Act. This petition is filed u/s 482 of Code of Criminal Procedure to quash the proceedings contending that in view of Annexure-A2 judgment passed by the learned District Judge, Kozhikode in C.M.A. No. 134/1994 and Annexure-A3 judgment passed by this Court in O.P. No. 9478/1995, offences alleged are not attracted.

On hearing the learned Counsel appearing for the Petitioners and learned Public Prosecutor, I do not find it for this Court to analyse the materials and quash the proceedings as sought for. Petitioners are entitled to seek an order of discharge u/s 239 of Code of Criminal Procedure raising all the contentions raised herein as it is submitted that learned Magistrate is yet to frame the charge.

Petition is disposed granting liberty to the Petitioners to raise all the contentions raised herein and seek an order of discharge u/s 239 of Code of Criminal Procedure. Petitioners are at liberty to rely on Annexures-A2 and A3 judgments before the learned Magistrate. Learned Magistrate is directed not to insist for the presence of the Petitioners for the purpose of claiming an order of discharge.