IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 2797 of 2007() ------------------------- AGAINST THE ORDER IN CRLP 18/1996 IN CC.552/1993 of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONER: ACCUSED ------------------- 1. SAIDU MUHAMMED,S/O. MUHAMMED KUNJU, CHOORAKKAD HOUSE,FATHIMAPURAM,CHANGANACHERRY. 2. SAJEEV MUHAMMED, S/O. SAIDU MUHAMMED, CHOORAKKAD HOUSE,FATHIMAPURAM,CHANGANACHERRY. 3. SALEEL MUHAMMED,S/O. S/O. SAIDU MUHAMMED CHOORAKKAD HOUSE,FATHIMAPURAM,CHANGANACHERRY. BY ADV. SRI.M.M.ABDUL AZIZ (SR.) SRI.M.A.ABDUL HAKHIM RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE CHANGANACHERRY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2797 of 2007 ---------------------------------------- Dated this the 14th day of August 2008 O R D E R The petitioners face indictment in a prosecution under Section 420 I.P.C. The crux of the allegations against them is that the petitioners had induced the de facto complainant/victim/CW1 to part with an amount of Rs.15,000/- on an unintended promise to make available to him a job abroad. Investigation is complete. Final report has been filed. Cognizance was taken in 1993. The case was transferred to the list of long pending cases. It continues as L.P.No.18/96. Later, the petitioners, as per the directions of this court, appeared before the learned Magistrate. They have been enlarged on bail. The case is pending as C.C.No.86/08 before the learned Judicial First Class Magistrate Court, Changanacherry now. 2. The petitioners now pray that the prosecution against them may be quashed. The de facto complainant has not been arrayed as a respondent. The petitioners submit that though they have settled identical cases against all the other accused and have deposited an amount of Rs.15,000/- which is allegedly due to CW1 in this case, the petitioners have not been able to Crl.M.C.No.2797/08 2 locate the de facto complainant and settle the disputes with him. In these circumstances, it is prayed that appropriate directions may be issued. 3. I have considered all the relevant inputs. I am satisfied that the petitioners must now be directed to claim discharge or acquittal as the case may be from the learned Magistrate. 4. This Crl.M.C is in these circumstances dismissed. The petitioners can raise all their contentions before the learned Magistrate to claim discharge at the stage of 239 Cr.P.C and in case they do not succeed, acquittal at later stages. I need only mention that the learned Magistrate must expeditiously consider their plea for discharge. 5. The learned counsel for the petitioners further submits that the amount of Rs.15,000/- which is allegedly payable to CW1 has already been deposited before the learned Magistrate. The learned Magistrate shall issue appropriate directions as to how that amount is to be disbursed while passing orders in the C.C. (R.BASANT, JUDGE) jsr Crl.M.C.No.2797/08 3 Crl.M.C.No.2797/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008