IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Crl.MC.No. 4046 of 2010() ------------------------ CC.50/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA CRIME NO. 2327/2009 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM .................. PETITIONERS / ACCUSED 1 & 2 : -------------------------------------------- 1. MOOSA, S/O.KUNJUBAVA, 52 YEARS, PULLANTHIKUZHAMBIL VEEDU, RANDARKKARA, MUVATTUPUZHA VILLAGE, ERNAKULAM DIST 2. SAINABA, W/O.MOOSA, PULLANTHIKUZHAMBIL VEEDU, RANDARKKARA, MUVATTUPUZHA VILLAGE, ERNAKULAM DIST BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT / COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4046 OF 2010 --------------------------------------------- Dated 5th October, 2010 O R D E R Petitioners, husband and wife are the accused in C.C.50/2010 on the file of Judicial First Class Magistrate's Court, Muvattupuzha taken cognizance for the offence under Section 188 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that ingredients of the offence is not attracted. 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the learned counsel, I find no reason to quash the cognizance taken as sought for by the Crmc 4046/10 2 petitioners as they are at liberty to seek an order of discharge under Section 239 of Code of Criminal Procedure from the learned Magistrate, raising all the contentions raised herein. Petitioners are also entitled to file a petition under Section 205 of Code of Criminal Procedure to enable them to get an order under Section 239 of Code of Criminal Procedure dispensing their personal presence. If such an application is filed, learned Magistrate not to insist for their presence for the purpose of filing and hearing the application under Section 239 of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.