IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 526 of 2010(E) ------------------------------------ (CC.NO.5/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOCHI) .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- PRIYA UMESH PAI, W/O. R. UMESHKUMAR PAI, AGED 37, 40/8576, GIRI NIVAS, T.D. ROAD ERNAKULAM, KOCHI – 35. BY ADV. SMT.R.RANJINI. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RISHIKESH SHENOI, S/O. MADHAVA SHENOY, ADVOCATE, PRASHASTHA VEEDU, M.C. ROAD, NORTH PARAVOOR. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.526 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 complaint filed by first respondent before Judicial First Class Magistrate-II, Kochi and Annexure-A2 FIR registered, on the complaint as directed by the Magistrate under Section 156(3) of Code of Criminal Procedure, for the offences under Section 506(1) and 294(b) of Indian Penal Code. 2. Learned Public Prosecutor submitted that though the petition was filed on 11/2/2010, after investigation final report was submitted on 2/11/2007 and cognizance was taken by the learned Crmc 526/10 2 Magistrate as C.C.5/2009. In such circumstances, petition is dismissed granting liberty to the petitioner to challenge the final report or seek an order of discharge from the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.