IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 3953 of 2010() -------------------------------- CC.364/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S): ACCUSED ------------------------------------- V.RAJALEKSHMI, W/O. NARAYANAN, GOWRI NILAYAM, CHERUPADAM, CHELAMBRA P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA SMT.M.G.AISHWARYA RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- 1. E.V.PRASEENA, SECRETARY, CHELAMBRA PANCHAYATH VANITHA CO-OP. SOCIETY LTD.NO.M.681, CHELAMBRA P.O., MALAPPURAM-673 634. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3953 OF 2010 --------------------------------------------- Dated 28th September, 2010 O R D E R Petitioner is the accused in C.C.364/2010 on the file of Judicial First Class Magistrate's Court-I, Parappanangadi taken cognizance for the offences under Sections 409, 420, 468 and 471 of Indian Penal Code on Annexure-A final report submitted by Circle Inspector of Police, Tirurangadi. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that ingredients of the offences are not attracted and there was no proper investigation and the case has been foisted due to political reasons and personal animosity. Crmc 3953/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find that it is necessary for this Court to scan the entire evidence and decide whether there is evidence to proceed against the petitioner. Petitioner is 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 the grievance of the petitioner is that in that event she has to appear before the learned Magistrate on the respective posting dates, she is at liberty to file a petition under Section 205 of Code of Criminal Procedure to dispense with her presence for the purpose of claiming discharge under Section 239 of Code Crmc 3953/10 3 of Criminal Procedure. If such an application is filed , learned Magistrate not to insist for the presence of the petitioner. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.