IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.MC.No. 2570 of 2009() ------------------------- CC.384/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED: ----------------------------------------- MUHAMMED HASHEER, A1 ROOBI VEEDU, RAMANATTUKARA, FEROKE COLLEGE ROAD, KOZHIKODE. BY ADV. SMT.BINDU GEORGE RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. S.I.OF POLICE, FEROKE POLICE STATION, FEROKE, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2570 OF 2009 ------------------------------------------ Dated 6th August 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to quash C.C.384/2007 on the file of Judicial First Class Magistrate-V, Kozhikode taken cognizance for the offence under Section 406 of Indian Penal Code. 2. Learned counsel appearing for petitioner was heard. 3. When the submissions of the learned counsel to quash the complaint were not accepted, learned counsel appearing for the petitioner submitted that petitioner may be permitted to seek an order of discharge from the learned Magistrate. If charge is not framed, petitioner is at liberty to seek an order of discharge, as provided under Section 239 of Code of Criminal Procedure. Learned counsel also submitted that petitioner is not in India and in such circumstances, his presence may be dispensed with before the trial court. It is for the learned CRMC 2570/09 2 Magistrate to decide whether presence of the petitioner is to be dispensed with or not. Petitioner is at liberty to file a petition under Section 205 of Code of Criminal Procedure before the learned Magistrate. On filing of such application, learned Magistrate to pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.