IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 4457 of 2010() ------------------------- CC.411/2010 AND CC.542/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, HARIPPAD. CRIME NO.189/2010 AND CRIME NO.248/2010 OF THRIKKUNNAPPUZHA POLICE STATION. .................... PETITIONER/ACCUSED: ----------------------------------- SANDEEP KUMAR, AGED 35 YEARS S/O. UDAYABHANU, PUTHIYIDATHU THEKKATHIL HOUSE THRIKKUNNAPPUZHA VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.G.BENO, SMT.S.CHYTHANYA. RESPONDENTS/RESPONDENTS & COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE THRIKKUNNAPPUZHA POLICE STATION, THRIKKUNNAPPUZHA. 3. CIRCLE INSPECTOR OF POLICE HARIPAD. R1 TO R3 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4457 OF 2010 --------------------------------------------------------- Dated this the 9th day of November, 2010. O R D E R Petitioner is the first accused in C.C No.411 of 2010 and C.C.No.542 of 2010 on the file of Judicial First Class Magistrate Court-1, Haripad taken cognizance for the offences under Sections 406 and 420 r/w Section 34 of Indian Penal Code, respectively on Annexure-5 and Annexure-6 final reports submitted by Sub Inspector of Police Thrikkunnappuzha. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against the petitioner contending that ingredients of the offence is not attracted. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find if for this Court to scrutinize the entire records and find whether there are materials to connect the petitioner with the offence. Petitioner is entitled to raise all the contentions before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure, if charge is not framed. Crl.M.C No.4457 OF 2010 2 Petition is disposed granting liberty to the petitioner to seek an order of discharge under Section 239 of Code of Criminal Procedure raising all the contentions raised herein. M.SASIDHARAN NAMBIAR, JUDGE mns