IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.MC.No. 4354 of 2010() ----------------------------------- CC.97/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONER(S): ACCUSED ------------------------------------- ANITHA, D/O.P.T.THOMAS, AGED 36 YEARS, PUNNAMOOTTIL, MUTTAMBALAM P.O., KOTTAYAM 686 004. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. ELWINA ABRAHAM, MANIMALETHU HOUSE, MUTTAMBALAM P.O., KOTTAYAM DISTRICT, PIN 686 004. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4354 OF 2010 --------------------------------------------- Dated 29th October, 2010 O R D E R Petitioner is the third accused in C.C.97/2008 on the file of Chief Judicial Magistrate's Court, Kottayam, taken cognizance for the offence under Section 498A 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 her contending that there is no material against the petitioner, who is working in U.S.A. 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the learned counsel, I find no reason to quash the proceedings as sought for, as it is not for this Court to Crmc 4354/10 2 analyse the entire materials produced by the prosecution in support of the allegations. Petitioner is entitled to seek an order of discharge from the learned Magistrate raising all the contentions raised herein. Learned counsel then submitted that presence of the petitioner may not be insisted for the purpose of filing the petition for discharge. If petitioner files an application before the learned Magistrate under Section 205 of Code of Criminal Procedure to dispense with her presence for the purpose of filing a petition under Section 239 or claiming discharge, learned Magistrate not to insist for her presence. Petition is disposed granting liberty to the petitioner to raise all the contentions raised herein and claim discharge under Section Crmc 4354/10 3 239 of Code of Criminal Procedure. If petitioner files an application to dispense with her presence for that purpose, learned Magistrate not to insist for her presence. M.SASIDHARAN NAMBIAR, JUDGE. uj.