IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH JUNE 2007 / 23RD JYAISHTA 1929 Crl.MC.No. 1729 of 2007() ------------------------- CRIME NO.815/04 OF NEDUMANGAD POLICE STATIN. CC NO.188/05 ON THE FILE OF THE JFCM COURT-II, NEDUMANGAD. PETITIONER: ACCUSED ------------------- SUDARSANADAS @ GIRISH, S/O.CHELLAPPAN, GIRISH BHAVAN, NEDUMANGAD. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S. BREEZ. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO.1729 OF 2007 ------------------------------------------------- Dated this the 13th day of June, 2007 ORDER The petitioner faces allegations under Sec.420 of the IPC. Cognizance has been taken on the basis of a final report submitted by the police. It is the contention of the petitioner that the dispute is one purely of a civil nature and that initiation of criminal proceedings really amounts to abuse of process of the court. Cognizance has been taken on the basis of the final report filed by the police. 2. I have heard the learned counsel for the petitioner. After discussions at the Bar, I am satisfied that it will only be appropriate to direct the learned Magistrate to consider the plea of the petitioner for discharge at the stage of Sec.239/240 of the Cr.P.C. Until a decision is taken on that question, personal presence of the petitioner need not be insisted. The petitioner shall be permitted to be represented by counsel till CRL.M.C.NO.1729 OF 2007 -: 2 :- such decision is taken under Sec.239/240 of the Cr.P.C. 3. With the above observations, this petition is dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge