IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 439 of 2010() ------------------------ CC.139/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... (CRIME NO.271 OF 2001 OF CHALAKUDY POLICE STATION) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ DORAIRAJ, AGED 60,S/O.SHANMUGHA ACHARI, HOUSE NO.43/19, NEHRU STREET, SANKARAN KOVIL, THIRUNELVELI, TAMIL NADU. BY ADV. MR.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION. BY PUBLIC PROSECUTOR MR. I.B.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.439 OF 2010 ------------------------------------------ Dated 19th March 2010 O R D E R Petitioner is the second accused in C.C.139/2007 on the file of Judicial First Class Magistrate, Chalakudy taken cognizance for the offences under Sections 454, 461, 380 and 413 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken against the petitioner based on Annexure-A2 final report contending that petitioner has been implicated in several cases and by Annexure-A3 order, this court permitted petitioner in that case to seek an order of discharge and it was observed that Magistrate will not insist for the personal Crmc 439/10 2 presence of the petitioner, if he files an application and petitioner is satisfied with a similar direction. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Petitioner is at liberty to raise all the contentions before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. As observed in Annexure-A3 order, if the petitioner files an application for exemption under Section 205, learned Magistrate to pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.