IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Crl.MC.No. 938 of 2008() ------------------------ CP.111/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR CRIME NO. 435/2007 of VALAPPAD POLICE STATION .................... PETITIONER: ACCUSED: -------------------- SHAHIN, S/O.HYDER, KALLIPARAMBIL HOUSE, KOPPRAKKALAM WEST, THALIKKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: COMPLAINANTS: ------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, VALAPPAD, THRISSUR DISTRICT. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 938 of 2008 ========================== Dated this the 4th day of March, 2008. O R D E R The petitioner, who is an accused in crime No. 435 of 2007 of Valappad Police Station originally registered for offences punishable under Sections 341, 323, 324 and 308 r/w Section 34 IPC along with other persons, has been charge sheeted singly for offences punishable under Sections 341, 324 and 308 IPC. He seeks to quash the final report as well as the consequential proceedings registered as C.P. No. 111/2007 of Judicial First Class Magistrate, Kodungallur. Since the learned Magistrate has already taken cognizance of the aforementioned offences on the final report filed by the police, the only course open to the petitioner now is to plead for a discharge when the matter comes up for preliminary hearing under Section 227 Cr.P.C before the Sessions Court after committal. Reserving the said right of the petitioner, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE. rv