IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.MC.No. 4287 of 2010() ------------------------------------- CRIME NO.391/2010 OF MANJESHWAR POLICE STATION, KASARAGOD DIST. .................... PETITIONER/ACCUSED --------------------------------- MOHAMMED HARIS, S/O.KUNHALI HAJI, PATTERIKUNNATH HOUSE, KODINJI.P.O., TIRURANGADI VIA, MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE ------------------------------------------------------- 1. P. BABU, S/O.LAKSHMANAN, SUB DIVISIONAL OFFICER, TELECOM, BSNL, MANJESHWAR, RESIDING AT THIRUVATHIRA, PALARKONAM, CHERINKULAM.P.O., 671 315. 2. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 671 321. 3. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 & R3 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4287 OF 2010 =========================== Dated this the 22nd day of October,2010 ORDER Petitioner the accused in C.C.152/2010 on the file of Chief Judicial Magistrate, Kasaragod filed this petition under section 482 of Code of Criminal Procedure to quash the cognizance taken for the offence under section 420 of Indian Penal Code on Annexure I final report, alleging that ingredients of the offence is not attracted on the materials furnished and the remedy of the first respondent is to realise the amount by approaching the civil court. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find it for this court to quash the Crl.M.C.4287/2010 2 proceedings as sought for. Petitioner is at liberty to raise all the contentions raised herein and seek an order of discharge under section 239 of Code of Criminal Procedure. Learned counsel then submitted that presence of the petitioner may not be insisted for that purpose. Petitioner is permitted to raise all the contentions and seek an order of discharge from the learned Magistrate under section 239 of Code of Criminal Procedure. If petitioner files an application under section 205 of Code of Criminal Procedure to dispense with his presence for the purpose of filing and hearing a petition under section 239 of Code of Criminal Procedure, learned Magistrate not to insist for his presence for that limited purpose. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006