IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 1838 of 2008() ------------------------- CC.1084/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER/ ACCUSED: 1. MR. M.S.MOHAMMED KUNHI, S/O. MOHAMMED SHEIK ALI, PERIYADKAM OF KUDLU VILLAGE & POST, KASARAGOD TALUK & DISTRICT. 2. MR. K.IBRAHIM, S/O. KUNNIL ABBAS, KAVUGOLIKUNNIL, KUDLU VILLAGE & POST, KASARAGOD TALUK & DISTRICT. 3. MRS. SUHARABI, W/O.E.M.IBRAHIM, D/O. LATE MOIDU, KUNNILKAVUGOLI OF KUDLU VILLAGE & POST, KASARAGOD TALUK & DISTRICT. 4. MR. INTHIYAZ G.A., S/O. ASHRAF G., HOUSE NO.163/2, OPP: UDAYA APARTMENTS, FIRSTWINE, SEENATH, ATTAVAR VILLAGE, MANGALORE TALUK, D.K. DISTRICT. 5. MR. IQBAL K.M., S/O.K.M.MOHAMMED, SHIRI MANZIL OF KOLANGARA, KUDLU VILLAGE & POST, KASARAGOD TALUK & DISTRICT. 6. MR. P.H. HAMEED, S/O.KUNHALI MUKRI, CHARALADUKKA HOUSE OF PERDALA POST, BELA VILLAGE, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT:- 1. STATE OF KERALA, REP. BY SHO, KASARAGOD POLICE STATION, REP. BY PUBLIC PROSECUTOR, ERNAKULAM. 2. MR. ABDUL RAHIM BANGARE, S/O.ABDULLA KUNHI HAJI, PALLAM OF KASARAGOD KASABA VILLAGE & POST, KASARAGOD TALUK & DISTRICT. ADV. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.07.2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 1838/2008 ORDER ON CRL.M.A. NO. 2491/2008 IN CRL.M.C. NO. 1838/2008 DISMISSED 15.07.2011 SD/- B.P. RAY, JUDGE. APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A1 : COPY OF THE COMPLAINT. ANNEXURE A2 : COPY OF THE PLAINT. RESPONDENTS' ANNEXURES: //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1838 of 2008 - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011. O R D E R Heard the learned counsel for the petitioners. 2. The petitioners are the accused in C.C. No. 1084 of 2007 on the file of the Judicial First Class Magistrate, Kasaragod for an offence punishable under Section 406 IPC. I am not inclined to entertain this application at this stage. The learned counsel for the petitioners states that the petitioners will file an application for discharge before the trial court on the ground that the civil suit that was filed has already been dismissed. If such an application is filed, the learned Magistrate shall pass appropriate orders on the same. The learned counsel for the petitioners state that the 4th petitioner belongs to Karnataka and that he will file an application under Section 205 Cr.P.C to dispense with his personal appearance in this case. If such an application is filed, the learned Magistrate may allow the same on such terms and conditions as he deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv