IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 3981 of 2010() ------------------------------------- CC.763/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY .................... PETITIONERS/ACCUSED ------------------------------------ 1. JOSE K.MATHEW, (A2) DEPUTY GENERAL MANAGER (INTERNATIONAL SALES) KANCOR INGREDIENTS LTD., KANCOR ROAD, ANGAMALY SOUTH. 2. VINU S.MOORTHY (A3) BUSINESS DEVELOPMENT MANAGER KANCOR INGREDIENTS LTD., KANCOR ROAD, ANGAMALY SOUTH. 3. PRATAP VALLIKKADEN (A5) BUSINESS DEVELOPMENT MANAGER KANCOR INGREDIENTS LTD., KANCOR ROAD, ANGAMALY SOUTH. BY ADV. SRI.DEEPU THANKAN RESPONDENT/COMPLAINANT AND STATE -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SYNTHITE INDUSTRIAL CHEMICALS LTD., SYNTHITE VALLEY, KADAYIRUPPU, KOLENCHERRY - 682 311. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3981 OF 2010 =========================== Dated this the 21st day of October,2010 ORDER Petitioners are the accused in C.C.763/2009 on the file of Judicial First Class Magistrate Court, Kolencherry taken cognizance for the offences under sections 403, 406 and 420 read with section 34 of Indian Penal Code and Section 72 of Information Technology Act, 2000. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings against them contending that there is no material as against the petitioners and the allegations is only as against the first accused and not the petitioners and therefore continuation of the proceedings is only an abuse of process of the court. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were Crl.M.C.3981/2010 2 heard. 3. On hearing the learned counsel I do not find it for this court to quash the proceedings as sought for, as the question is to be decided based on the entire materials produced before the learned Magistrate. Petitioners are at liberty to raise all the contentions before the learned Magistrate and seek an order of discharge under section 239 of Code of Criminal Procedure. Learned counsel appearing for the petitioners submitted that presence of the petitioners may be dispensed with. If petitioners file an application under section 203 of Code of Criminal Procedure to dispense with their presence for the purpose of filing a petition under section 239 of Code of Criminal Procedure or claiming discharge, learned Magistrate not to insist for their 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