IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.MC.No. 803 of 2008() ------------------------ CC.337/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER: ------------ ABDUL NAZER, S/O.UNNIMOYI, CHEEPANKUZHI, KARASSERY P.O., MUKKAM, CALICUT DISTRICT. BY ADV. SRI.C.VIVEK RESPONDENTS: ----------------- 1. THE S.I. OF POLICE, MUKKAM POLICE STATION. 2. THE MANAGER, CANARA BANK, MUKKAM. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.P.GOPINATH SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.803 of 2008 ========================== Dated this the 29th day of February, 2008. O R D E R The petitioner, who is the accused in C.C No. 337 of 2007 on the file of the Judicial First Class Magistrate-II, Thamarassery for offences punishable under Sections 419, 417, 420 and 468 IPC, seeks to quash the proceedings before the Magistrate. Admittedly, the learned Magistrate has not framed charge. The only course now open to the petitioner is to plead for a discharge. Hence, this Crl.M.C is disposed of permitting the petitioner to plead for a discharge before the Magistrate at the time of preliminary hearing. Reserving this right of the petitioner, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE. rv