IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Crl.MC.No. 3265 of 2009 --------------------------------------- CC.1508/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONERS: 1. MIRZA ALEEM, AGED 51 YEARS, S/O.P.M.HABEEB RAWTHER, WHITE CASTLE APARTMENT, 3RD FLOOR, IV/879-J, EDAPPALLY TOLL, ERNAKULAM DISTRICT. 2. NISHA MIRZA, AGED 41 YEARS, W/O.MIRZA ALEEM, DO. DO. BY ADV. SRI.T.O.XAVIER RESPONDENTS: 1. GEORGE MAMPILLY, AGED 58 YEARS, S/O.KURIAPPAN, PROPRIETOR, 'THE GROUP' 2ND FLOOR, KALOOR TOWERS, KALOOR, KOCH-682 017. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3265 of 2009 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant in C.C.No. 1508/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva, taken cognizance for the offences under Sections 120B, 418 and 406 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the final report and the cognizance taken contending that learned Magistrate should not have taken cognizance of the offences, when the dispute is purely civil in nature and hence, the final report is to be quashed. 2. On hearing the learned counsel, I do not find it necessary for this Court to invoke the extraordinary jurisdiction under Section 482 of Code of Criminal Procedure at this stage. Learned counsel appearing for the petitioners submitted CRMC 3265/09 2 that the case is posted for framing the charge. Petitioners are at liberty to seek an order of discharge under Section 239 of Code of Criminal Procedure and raise all the contentions raised herein. Learned Magistrate to consider the contentions and then decide whether petitioners are to be discharged under Section 239 of Code of Criminal Procedure or a charge is to be framed. Petition is disposed. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv