IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Crl.MC.No. 1341 of 2008() ------------------------------------ CC.801/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CRIME NO.149/2007 OF KASARAGOD POLICE STATION. .................... PETITIONER/3RD ACCUSED ---------------------------------------- SAMEERA, W/O.SULAIMAN, AGED 37 YEARS, SHAHANAZ MANZIL, ZEENATH NAGAR, THALANGARA, KASARAGOD. BY ADV. MR.S.RAJEEV RESPONDENT/STATE ------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.149 OF 2007 OF KASARAGODE POLICE STATION). BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.1341 OF 2008 ------------------------------------------ Dated 21st January 2010 O R D E R Petitioner is the third accused in C.C.801/2007 on the file of Chief Judicial Magistrate, Kasaragod taken cognizance for the offence under Sections 120B, 490, 468 and 471 read with Section 34 of Indian Penal Code. 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 as against the petitioner. 2. Learned counsel appearing for the petitioners, Additional second respondent, the de facto complainant who was subsequently impleaded, and learned Public Prosecutor were heard. Crmc 1341/08 2 3. On hearing the learned counsel appearing for the petitioners and second respondent, I cannot agree with the submission that the cognizance taken is to be quashed invoking the extra ordinary jurisdiction under Section 482 of Code of Criminal Procedure. Petitioner is at liberty to seek an order of discharge under Section 239 of Code of Criminal Procedure, as it is represented by both parties that charge is yet to be framed. Learned counsel also submitted that presence of the petitioner may be dispensed with, for the purpose of seeking an order of discharge under Section 239 of Code of Criminal Procedure. If an application is filed before the Magistrate to dispense with the presence of the petitioner, it shall be favourably considered till a decision is taken on the Crmc 1341/08 3 question of discharge. Petition is disposed permitting petitioner to raise all the contentions raised herein and seek an order of discharge under Section 239 of Code of Criminal Procedure. Petitioner is also permitted to file an application to dispense with their presence for claiming discharge. M.SASIDHARAN NAMBIAR, JUDGE. uj.