IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Crl.MC.No. 768 of 2010 -------------------------------- [CC.NO.787/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOCHI , CRIME NO. 976/2003 OF ERNAKULAM CENTRAL POLICE STATION] .................... PETITIONERS/ACCUSED NOS.1 & 2: ---------------------------------------------------- 1. V.KANNAN, S/O.VARADARAJAN, NO.1, 3RD CROSS STREET, DURGA COLONY, SAMPAKAM, CHENNAI, PIN-600 073. 2. DR.R.PONRAJ, S/O.A.RANGASWAMY, VICE PRINCIPAL, DR.NAVALAR NEDUMCHEZHIYAN COLLEGE OF ENGINEERING, RAJANAGAR, VYDYANATHAPURAM, THOLUTHUR, KADALUR DISTRICT, PIN-686 303. BY ADV. MR.P.M.ZIRAJ. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REP.BY SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.768 OF 2010 ------------------------------------------ Dated 22nd March 2010 O R D E R Petitioners are accused 1 and 2 in C.C.787/2008 on the file of Judicial First Class Magistrate-II, Kochi taken cognizance for the offences under Sections 415, 420 and 406 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that they are only the employees of Engineering College at that time and there is no personal allegation against the petitioners and the case is foisted against them and therefore, it is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Crmc 768/10 2 Prosecutor were heard. 3. Third accused had earlier approached this court by filing Crl.M.C.2931/2008 for the same relief. By Annexure-4 order dated 4/8/2008, Crl.M.C was disposed granting liberty to said accused to seek an order of discharge under Section 239 of Code of Criminal Procedure. In such circumstances, petitioners are also at liberty to raise all the contentions before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. If petitioners file application under Section 205 of Code of Criminal Procedure to dispense with their personal presence for that purpose learned Magistrate not to insist for their presence for the purpose of hearing the petition Crmc 768/10 3 filed for discharge under Section 239 of Code of Criminal Procedure. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.