IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4534 of 2010() ------------------------- (CC.29/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA) .................... PETITIONERS/ACCUSED 2 AND 3: ------------------------------------------------ 1. SEBASTINE S/O.DEVASSIA, PARAMUNDAYIL HOUSE, KARIKODU VILLAGE, OLAMATTOM P.O. THODUPUZHA, IDUKKI DISTRICT 2. BITTO S/O.SEBASTINE, PARAMUNDAYIL HOUSE, KARIKODU VILLAGE, OLAMATTAM P.O., THODUPUZHA, IDUKKI DISTRICT 3. SELIN ,W/O.SEBASTINE, PARAMUDAYIL HOUSE KARIKODU VILLAGE, OLAMATTAM P.O., THODUPUZHA, IDUKKI DISTRICT BY ADV. SRI.SHYSON P.MANGUZHA RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE KANJAR, THODUPUZHA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. ZKARIA @ KUNJUMON, S/O.DEVASSIA, PARAMUNDAYIL HOUSE, KARUVARUKUNDU P.O., NILAMBOOR TALUK, MALAPPURAM DIST BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4534 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioners are accused 2, 4 and 5 in C.C.No.29 of 2008 on the file the Chief Judicial Magistrate Court, Thodupuzha, taken cognizance for the offences under Sections 419, 420, 468, and 471 r/w 34 of Indian Penal Code, on Annexure-A3 final report. Petition is filed under Section 482 of Code of Procedure to quash the cognizance taken contending that though the final report originally submitted was returned, no effective further investigation was conducted and based on the final report, learned Magistrate should not have taken cognizance of the offences. On hearing the learned counsel, I do not find it for this Court to quash the proceedings as sought for, after analysing the entire records. Petitioners are at liberty to approach the learned Magistrate for discharge by filing a petition under Section 239 of Code of Criminal Procedure. Petitioners are entitled to raise all the contentions raised herein. If the petitioners file an application under Section 205 of Code of Criminal Procedure, to dispense with their presence for the purpose of claiming discharge under Section 239 of Code of Criminal Procedure, learned Magistrate Crl.M.C No.4534 OF 2010 2 not to insist for their presence for that limited purpose. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. mns