IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Crl.MC.No. 4059 of 2008() ------------------------------------ OR.NO.21/2008 OF RANGE OFFICER, KULATHUPUZHA. .................... PETITIONERS/ACCUSED 1 & 2: ------------------------------------------- 1. KURIEN KALATHIL, PROPRIETOR PONMUDI ESTATE,TC.14/1004, VAZHUTHACAUD, TRIVANDRUM 2. K.N. PRAHLADAN S/O.LATE NARAYANAN UNNI.K.N., MANAGER PONMUDI ESTATE, THIRUVANANTHAPURAM. BY ADV. MR.M.RAMESH CHANDER RESPONDENT(S): ------------------------ 1. RANGE OFFICER, FOREST DEPARTMENT, KULATHUPUZHA. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC.CASE HAVING BEEN FINALY HEARD ON 04/12/2009, ALONG WITH CRMC NO.4123 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------- Crl.M.C.NOs.4059 & 4123 OF 2008 ------------------------------------------------------ Dated 4th December 2009 O R D E R Crl.M.C.4059/2008 is filed to quash O.R.21/2008 of Range Office, Kulathupuzha. Crl.M.C.4123/2008 is filed to quash O.R.22/2008 of Range office, Kulathupuzha. Both cases were registered for the offence under Section 27 of Kerala Forest Act. 2. Learned Public Prosecutor and learned counsel appearing for the petitioner submitted that final report in both cases were already submitted before the concerned Magistrate and in Crl.M.C.3224/2008 this court has already permitted the petitioners to raise all the contentions before the learned Magistrate and seek an order of discharge and in such circumstances, petitions may be dismissed granting liberty to raise all the contentions before the Magistrate and seek an order of discharge. 3. Petitions are disposed permitting the petitioners to raise all the contentions raised herein before the Magistrate and if necessary, seek an order Crmc 4059 & 41223/08 2 of discharge under Section 239 of Code of Criminal Procedure. If petitioners file an application to dispense with their personal presence, for the purpose of filing an application under Section 239 or for its hearing, learned Magistrate may consider it favourably. M.SASIDHARAN NAMBIAR, JUDGE. uj.