IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4079 of 2010() ----------------------------------- C.C.76/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA. ........... PETITIONERS/ACCUSED NO.1 TO 5 IN C.C.76/2010: ------------------------------------------------------------------------ 1. JOSEPH, AGED 70.,S/O.LATE DEVASSYA, ARAKKAPARAMBIL HOUSE, KOZHA, KURAVILANGADU 2. THEYYAMMA, AGED 65, W/O.JOSEPH ARAKKAPARAMBIL HOUSE, KOZHA, KURAVILANGADU 3. JOHNY K.M. WORONGLY WRITTEN AS JOBY, AGED 32, S/O.N.D. MANI, ARAKKAPARAMBIL HOUSE, KOZHA, KURAVILANGADU 4. K.J. JOSEPH, AGED 40, S/O.JOSEPH ARAKKAPRAMBIL HOUSE, KOZHA, KURAVILANGADU 5. SEBASTIAN JOSEPH @ SIBI S/O.N.D.JOSEPH, ARAKKAPRAMBIL HOUSE, KOZHA, KURAVILANGADU BY ADV. SRI.VARGHESE C.KURIAKOSE, SRI.ADEEP ANWAR. RESPONDENTS/STATE/COMPLAINANT AND ACCUSED NO.6 & 7 IN C.C.76/2010: ------------------------------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PHILOMINA JOSEPH, AGED 62, W/O.DIJO, AND CLAIMING TO BE MANAGING TRUSTEE OF PROF.CICILIAMMA JOSEPH, OUOSEPUPARAMBIL MEMORIAL TRUST, KURAVILANGADU VILLAGE, KOZHA, PIN-686 640. 3. K.J. MATHAI @ MADHU, ARAKKAPARAMBIL HOUSE, KOZHA, KURAVILANGADU, PIN-686 640. 4. PHILO AUGUSTINE, W/O.AUGUSTINE, KIZHAKKECHOORAKAPRAYIL,KOZHA, KURAVILANGADU, 686 640. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4079 OF 2010 =========================== Dated this the 1st day of November,2010 ORDER Petitioners are accused in C.C.76/2010 on the file of Judicial First Class Magistrate's Court, Pala taken cognizance for the offences under sections 324, 427, 447, 506(1) and 294 read with section 34 of Indian Penal Code on Annexure A10 complaint. This petition is filed under section 482 of Code of Criminal Procedure to quash the cognizance taken contending that it is only an abuse of process of the court and hence cognizance taken are to be quashed. 2. On hearing the learned counsel appearing for the petitioner, I do not find that it is for this court to exercise the inherent power under section 482 of Code of Criminal Procedure, when petitioners are entitled to seek an order of discharge under Crl.M.C.4079/2010 2 section 245(1) of Code of Criminal Procedure. The only grievance could be that petitioners may have to be present for seeking an order of discharge. But that difficulty could be avoided by permitting the petitioners to appear through counsel. Petition is disposed of granting liberty to the petitioners to raise all the contentions raised herein before the Magistrate and seek an order of discharge under section 245(1) of Code of Criminal Procedure. Petitioners are permitted to file an application under section 205 of Code of Criminal Procedure to dispense with their presence to claim an order of discharge. If such an application is filed, learned Magistrate not to insist for their presence for the limited purpose of claiming discharge under section245(1) of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006