IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.MC.No. 2100 of 2009() ----------------------------------- CC.178/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONER(S): --------------------- MAIMUTTY @ MUHAMMED, S/O.UMMER HAJI, THOTTAKKAT PARAMBU, PADINHARE CHALAKUDY TRICHUR DISTRICT. BY ADV. MR.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION. 3. ITTERA, S/O.KUNJUVAREED, VALAPPIL HOUSE, EAST CHALAKUDY VILLAGE, ARYANKALA DESOM, TRICHUR. R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2100 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioner is the accused in C.C.178/2006 on the file of Judicial First Class Magistrate, Chalakudy. This petition is filed to quash Annexure-A4 final report submitted by the police upon which learned Magistrate has taken cognizance. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I find no reason to quash the proceedings as sought for exercising the inherent jurisdiction as petitioner is at liberty to raise all the contentions raised in this petition before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. Petitioner is at liberty to file a petition for a discharge under Section 239 of Code of Criminal Procedure and urge all the points raised in this petition. With that liberty petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.