IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3101 of 2010(E) ------------------------------------- (C.C. NO. 555/2009 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-V, KOZHIKODE) .................... PETITIONER/4TH ACCUSED: ----------------------------------------- DR. K.KHALID, AGED 28 YEARS, S/O. DR. S.KHADER, RIKAS, CHOLAI ROAD, P.O A.R. NAGAR, V.K.PADI, NEAR THIRURANGADI, MALAPPURAM DIST-676 305. BY ADVS. SRI.P.R.SREEJITH, SRI. PRAMODH KUMAR.M. RESPONDENT/COMPLAINANT AND STATE: --------------------------------------------------------------- 1. SAMEENA M.P, AGED 29 YEARS, D/O HASSAN KUTTY, JASH MANSIL, NEAR T.P.POLYCLINIC, CHERUVANNUR, P.O. FEROORK, KOZHIKODE DIST-673 631. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3101 of 2010 -------------------------- ORDER Petitioner is the fourth accused in C.C.No. 555/2009 on the file of Judicial First Class Magistrate's Court-V, Kozhikode, taken cognizance for the offences under Sections 498A and 406 of Indian Penal Code on Annexure-1 final report. Petitioner would contend that ingredients of the offences, alleged against the petitioner, are not attracted on the materials furnished. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I am not inclined to exercise the extraordinary jurisdiction of this Court under Section 482 of Code of Criminal Procedure when petitioner is entitled to raise all the contentions raised herein before the Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. If the grievance of the CRMC 3101/10 2 petitioner is that he has to be present before the court to claim order of discharge under Section 239 of Code of Criminal Procedure, he is at liberty to file an application under Section 205 of Code of Criminal Procedure to dispense with his presence for the purpose of claiming an order of discharge under Section 239 of Code of Criminal procedure. If such an application is filed, learned Magistrate to liberally consider the same and not to insist for the presence of the petitioner for the purpose of seeking an order of discharge under Section 239 of Code of Criminal Procedure. Petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv