IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST DAY OF NOVEMBER 2011/30TH KARTHIKA 1933 Crl.MC.No. 1962 of 2007 ( ) --------------------------- CC.532/2003 of J.M.F.C.,MATTANNUR PETITIONER(S)/ACCUSED: --------------------- 1. MOHAMMED MUSTAFA, S/O.SHEKABBA, IRSHAD MANZIL, BADAGA EDAPPADAVU VILLAGE BADAGA EDAPPADAVU P.O., MANGLORE. 2. BADARUDDEEN, S/O.SHEKABBA, IRSHAD MANZIL, BADAGA EDAPPADAVU VILLAGE BADAGA EDAPPADAVU P.O., MANGLORE. BY ADV. SRI.P.M.PAREETH RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SHO MATTANNUR POLICE STATION, KANNUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUBAIDA, D/O.ALI, KACHIPURAM HOUSE, VELAKKODE P.O., IRITTY, KANNUR DISTRICT. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-11-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.1962/07 APPENDIX PETITIONERS' ANNEXURES: A1:TRUE PHOTOCOPY OF THE JUDGMENT AND DECREE DATED 10.7.2000 IN O.S.NO.798/99 ON THE FILE OF THE FOURTH ADDITIONAL CIVIL JUDGE, MANGALORE. A2:TRUE PHOTOCOPY OF THE PRIVATE COMPLAINT DATED 4.1.2000 FILED BY THE SECOND RESPONDENT AGAINST THE PETITIONERS. A3:TRUE PHOTOCOPY OF THE FINAL REPORT AND CHARGE DATED 23.4.2001. RESPONDENTS' ANNEXURES:NIL //TRUE COPY// P.S.TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- Crl.M.C.No.1962 of 2007 ---------------------------- Dated 21st November, 2011 ORDER The petitioners are accused Nos 1 and 2 in C.C.No.532 of 2003 on the file of the Judicial First Class Magistrate, Mattannur. Admittedly, the petitioners are siblings and the 2nd respondent is the legally wedded wife of the first petitioner. They are indicted under sections 406 and 420 of the Indian Penal Code before that court. Annexure A2 is the private complaint filed by the 2nd respondent before the Judicial First Class Magistrate's Court, Mattannur. On Annexure A2 private complaint, the Magistrate ordered investigation in terms of section 163 of the Code of Civil Procedure. Thereupon, a crime was registered against the petitioners under sections 406 and 420 IPC and Annexure A3 final report was laid. The contention of the petitioners is that the allegations in Annexure A2 complaint are false and baseless. That apart, it is contended that even if allegations are taken correct, they only constitute a breach of contract which is essentially a dispute of civil nature. Annexures A2 and A3 would reveal that the specific case of the 2nd respondent is that suppressing the fact that the first petitioner had contracted a marriage he married her. The further allegations are to the effect that the petitioners have dishonestly misappropriated the Crl.M.C.No.1962/2007 2 gold ornaments entrusted to the first petitioner and the petitioners have dishonestly induced the second respondent to deliver the properties mentioned in Annexure A2 complaint. 2. When this matter is taken up for consideration today, the learned counsel for the petitioners, after arguing for some time, requested that the petitioners may be allowed to raise the plea of discharge before the trial Court, at the appropriate stage. In view of the said submission, I do not think it necessary to consider the contentions raised in this petition on merits, to see whether the allegations in Annexures A2 and A3 would constitute the offences alleged against the petitioners. In view of said submission made by the learned counsel for the petitioners, I am inclined to dispose of this petition granting liberty to the petitioners to take the plea of discharge in C.C.No.532 of 2003 before the Judicial First Class Magistrate's Court, Mattannuur, at the appropriate state. This Crl.M.C. is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS