IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3241 of 2008() ------------------------- CP.43/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI .................... PETITIONER(S): IST ACCUSED -------------------------- MOHAMMED MUSALIYAR, AGED 73 YEARS, S/O.RAYIN, ALUKANDIPARAMBA, THRIPPANACHI AMSOM, ERANAD THALUK, PALAKKAD.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KALLIVALAPPAN KHADIJA, AGED 47 YEARS, W/O.ARREMBRAKUNDAN MOIDEENKUTTY HAJI, THRIPPANACHI AMSOM, ERANAD THALUK, PALAKKAD.P.O, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3241 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioner has come to this court with a prayer that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against him. Cognizance has been taken on the basis of a private complaint filed by the second respondent before the learned Magistrate. The learned Magistrate, after following the procedure established under law, has taken cognizance of the offence alleged. The short contention raised is that the allegations against the petitioner are false and incorrect. At this stage, exercising jurisdiction under Section 482 Cr.P.C that disputed question of fact cannot obviously be resolved by this court. The learned counsel for the petitioner prays that, at any rate, it may be made clear that the petitioner's right/option to claim discharge at the stage of Section 227 shall remain unfettered by the dismissal of this Crl.M.C. 2. In the result, this Crl.M.C is dismissed. Needless to say, the dismissal of this Crl.M.C will not, in any way, fetter the rights of the petitioner to stake his claim for discharge under Section 227 Cr.P.C before the learned Sessions Judge. (R.BASANT, JUDGE) Crl.M.C.No. 2 jsr Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008