IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 2209 of 2007() ----------------------------- CRIME NO. 571/2006 of ANGAMALY POLICE STATION C.C NO. 604/2007 of J.F.CM-II, ALUVA PETITIONER: ACCUSED ------------------- 1. MERCY GEORGE, W/O.GEORGE, AGED ABOUT 46 YEARS, KAITHARAN, MARKET ROAD, ANGAMALY KARA, ANGAMALY VILLAGE. 2. K.T.GEORGE, S/O.THARIAN, ABOUT 52 YEARS, KAITHARAN, MARKET ROAD, ANGAMALY KARA, ANGAMALY VILLAGE. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ------------- 1. GOPALJI TRUST, KORATTY DESOM, MURINGOOR VILLAGE, MUKUNDAPURAM TALUK, REP.BY ITS TRUSTEE SREE PAZAVELIL, AGED 46 YEARS, S/O.M.SADANANDAN, PAZAVELIL HOUSE, PRESENTLY RESIDING AT GOPAL BHAVAN, KANIYAMPARAMBU KARA, KARUKUTTY VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 2209 of 2007 ========================== Dated this the 13th day of February, 2008. O R D E R The petitioners who are accused in crime No. 571/2006 of Angamaly Police Station for an offence punishable under Section 420 r/w Section 34 IPC, seeks to quash Annexure E FIR and Annexure F final report filed by the police. The second prayer for quashing Annexure F charge sheet was incorporated by means of an amendment. Admittedly, after the filing of the charge sheet, the Judicial First Class Magistrate- II, Aluva has taken cognizance of the offence and has registered the case as C.C. No. 604/2007. The proper course for the petitioners would be to plead for a discharge before the learned Magistrate after entering appearance upon receipt of summons. Hence, without prejudice to the right of the petitioners to plead for a discharge before the Magistrate, this Crl. M.C is dismissed. V. RAMKUMAR, JUDGE. rv