IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1646 of 2008() ------------------------- CC.51/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: ACCUSED NO.2 ------------------------ APPUKUTTAN, S/O.NARAYANAN, PULIKYA PARAMBIL HOUSE, PARITHIPPARA P.O., SHORNUR, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 1646 of 2008 ------------------------------------------------- Dated this the 21st day of May, 2008 ORDER The prayer of the petitioner is that the final report filed by the police on the basis of which cognizance has already been taken in a prosecution under Secs.417 and 420 of the IPC may be quashed. The crime was registered on the basis of a private complaint which was referred under Sec.156(3) of the Cr.P.C, 2. The final report has already been filed. The petitioner if so advised need only appear and claim discharge now. I find no compelling reasons which can persuade this Court to short circuit the procedure prescribed under the Code of Criminal Procedure and to invoke the powers under Sec.482 of the Cr.P.C. The petitioner must appear through counsel and seek discharge under Sec.239/240 of the Cr.P.C. if he feels, he is Crl.M.C. No. 1646 of 2008 -: 2 :- entitled to the same. The learned counsel for the petitioner, however, submits that this would oblige the petitioner to appear before the learned Magistrate and seek bail. That would be needless harassment and vexation. The petitioner may be permitted to appear through counsel and advance his plea of discharge, submits the learned counsel for the petitioner. 3. Having considered all the relevant inputs, I find the said prayer is absolutely justified in the facts and circumstances of this case. 4. This petition is accordingly allowed in part. It is directed that the petitioner can appear through counsel and claim to be represented by such counsel until the learned Magistrate takes a decision on the question of charge/discharge under Sec.239/240 of the Cr.P.C. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 1646 of 2008 -: 3 :-