IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4545 of 2010() ------------------------------------- CC.169/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR CRIME NO.501/2010 OF THRISSUR EAST POLICE STATION, THRISSUR DIST. .................... PETITIONER/ACCUSED ---------------------------------- DR.RADHA MOHAN, MANAGING DIRECTOR, MATHA PROTEIN PRIVATE LIMITED, EZHUKONE P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS/STATE & DEFACTO COMPLAINANT --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.B.S. CHANNEL PLUS VISUAL MEDIA ADVERTISING PRIVATE LIMITED, SAI SADAN, MUSEUM ROAD, CHEMBUKKAVU, THRISSUR P.O., REPRESENTED BY ITS MANAGING DIRECTOR, SATHEESH, PIN-680 001. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4545 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioner is the first accused C.C.No.169 of 2010 on the file Chief Judicial Magistrate Court, Thrissur, taken cognizance for the offences under Sections 417 and 420 of Indian Penal Code on Annexure-III final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the crime was registered based on Annexure-I complaint filed by the second respondent and send for investigation under Section 156(3) of Code of Criminal Procedure and Annexure-III report and the materials produced do not disclose the ingredients of an offence under Section 420 of Indian Penal Code and, therefore, continuance of the proceedings is only abuse of process of court. 2. Learned counsel appearing for the petitioner first respondent and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find it for this Court to analyze the materials and quash the proceedings as sought for, when petitioner is entitled to seek an order of discharge, raising all the contentions raised herein, before the Crl.M.C No.4545 OF 2010 2 Learned Magistrate, under Section 239 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioner to file a petition under Section 239 of Code of Criminal Procedure for discharge raising all the contentions raised herein. M.SASIDHARAN NAMBIAR, JUDGE. mns