IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 2147 of 2009() ------------------------- CC.372/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER/2ND ACCUSED: ------------------------------- SYLESH MADHAVAN, S/O.MADHAVAN, "POKKAM THADIYIL"(H), RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUQ. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.K.A.JOSEPH RAJESH RESPONDENTS/COMPLAINANT&STATE: ----------------------------------------- 1. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.D.DEVASSYA, AGED 48 YEARS, "PULIMOOTTIL" HOUSE, RAJAKAD VILLAGE, UDUMBANCHOLA TALUQ. R1 BY PUBLIC PROSECUTOR, SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2147 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009 O R D E R Petitioner is the second accused in CC No.372 on the files of Judicial First Class Magistrate Court, Adimali. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure B final report submitted by police under Section 173(2) of Cr.P.C., after investigation, as directed by the Magistrate under Section 153 (2) Cr.P.C on Annexure A complaint filed by the 2nd respondent. The learned counsel appearing for the petitioner was heard. The arguments of the learned counsel is that based on Anexure A complaint, cognizance for the offence under Sections 417 and 420 of Indian Penal Code should not have been taken as the ingredients to attract the offences are not disclosed. Therefore the order taking cognizance is to be quashed. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The learned counsel relying on various decisions of Apex court argued that even if the allegations in Annexure A complaint is accepted, offence under Section 420 is not attracted. But I find no Crl.M.C. 2147/09 -:2:- reason to quash the case as sought for on that ground. Petitioner is entitled to raise these contentions and seek an order of discharge under Section 239 Cr.P.C. If petitioner files an application for discharge under Section 239, learned Magistrate has to consider them and pass orders in accordance with law. Petitioner is also permitted to file an application to dispense with his presence for filing the application under Section 239 of Code of Criminal Procedure and its hearing. M. SASIDHARAN NAMBIAR, JUDGE ttb