IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Crl.MC.No. 3449 of 2007() ----------------------------------- CC.643/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONER(S): ----------------------- 1. M/S.SRIRAM TRANSPORT FINANCE COMPANY LTD, REGISTERED OFFICE NO.123, ANGAPPA NAICKEN STREET, CHENNAI, HAVING BRANCH OFFICE AT VIJAYASREE ARCADE, NANTHOOR, MANGALORE, REP. BY ITS OFFICER & GENERAL POWER OF ATTORNEY HOLDER, K.VASUDEVA, S/O.K.L.BHAT. 2. SUDARSANA B. HOLLA, VICE PRESIDENT, SRIRAM TRANSPORT FINANCE COMPANY LIMITED, NO.29-A, II K.H.ROAD, BANGALORE-560 027. 3. SHARACCHANDRA, DIVISIONAL MANAGER, SRIRAM TRANSPORT FINANCE COMPANY LIMITED, PARADIGM PLAZA, A B SHETTY CIRCLE, MANGALORE. 4. RAJESH, FORMERLY BRANCH MANAGER, SRIRAM TRANSPORT FINANCE COMPANY LTD., VIJAYASREE ARCADE, MANGALORE. BY ADV. MR.C.HARIKUMAR MR.VIZZY GEORGE MR.ARAVINDA KUMAR BABU T.K. RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 2. C.M. AHAMED, S/O.ABDULLA HAJI, CHONAMBALLAM HOUSE, ADHUR POST, KASARAGODE, REP. BY GENERAL POWER OF ATTORNEY HOLDER, ABDUL RAHIMAN, AGED 50 YEARS, S/O.ABDUL KHADER, MUSLIM, BUSINESSMAN, RESIDING AT CHOENGALA NEW STAR HOUSE, OPP.INDIRA NAGAR, CHENGALA VILLAGE AND POST, KASARAGODE TALUK & DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI R2 BY ADV. SMT.R.PADMAKUMARI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 3449 of 2007 ================== Dated this the 12th day of June, 2009. O R D E R Petitioners are accused in C.C.No.643/2007 on the file of Chief Judicial Magistrate, Kasaragod, taken cognizance by the Magistrate on the final report submitted by the police investigated recording the statement of second respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure A1 final report. 2. Learned Counsel appearing for the petitioner submitted that Annexure A16 petition was filed before the Magistrate for an order of discharge under Section 239 of Code of Criminal Procedure and it is not being heard and the Magistrate may be directed to dispose the petition. Though petitioner sought an order quashing the final report, I do not find it necessary that at this stage to quash Crl.M.C.No.3449/2007 -2- the final report, when petitioner can raise all the contentions before the Magistrate in Annexure A16 petition. Judicial First Class Magistrate, Kasaragod is directed to dispose Annexure A16 application filed under Section 239 of Code of Criminal Procedure, if charge is not infact framed under Section 240 of Code of Criminal Procedure, as expeditiously as possible. M.SASIDHARAN NAMBIAR JUDGE dkr