IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 337 of 2010() ----------------------------------- CC.656/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, VARKALA .................... PETITIONERS/ACCUSED 2 TO 5 ---------------------------------------------- 1. SUDHA KUMARI, W/O.RAMACHANDRAN, 'POURNAMI', PAZHAKUTTY PO, NEDUMANGADU, THIRUVANANTHAPURAM. 2. RAMACHANDRAN. J, 'POURNAMI', PAZHAKUTTY PO, NEDUMANGADU, THIRUVANANTHAPURAM. 3. SANTHAMMA, 'POURNAMI', PAZHAKUTTY PO, NEDUMANGADU, THIRUVANANTHAPURAM. 4. ANISH, 'POURNAMI', PAZHAKUTTY PO, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. MR.BIJU BALAKRISHNAN RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SARITHA, 'SARITHA MANDIRAM', MUTTAPPALAM PO, CHEMMARUTHY VILLAGE, VARKALA, THIRUVANANTHAPURAM DIST. R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.337 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioners are the accused 2 to 5 in C.C.656/2009 on the file of Judicial First Class Magistrate-I, Varkala taken cognizance for the offence under Section 498 A on Annexure-1 private complaint filed by the second respondent. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that there is no material to proceed against the petitioner, who are the in-laws of the second respondent. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel, Crmc 337/10 2 I find it not necessary for this court at this stage, to consider the contentions raised by the petitioners. Petitioners are at liberty to seek an order of discharge from the learned Magistrate under Section 245 of Code of Criminal Procedure, raising all the contentions raised herein. Petition is disposed granting liberty to the petitioners to seek an order of discharge from the learned Magistrate under Section 245 of Code of Criminal Procedure raising all the contentions raised herein. M.SASIDHARAN NAMBIAR, JUDGE. uj.