IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 3579 of 2010() ------------------------------------- C.M.P.NO.342/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA. CRIME NO.475/2005 OF BALARMAPURAM POLICE STATION. .................... PETITIONER/ACCUSED --------------------------------- SANALKUMAR, AGED 40 YEARS, S/O.SREEDHARAN, KEERTHI NIVAS,THEVARVILAKOM, AYYANIMMOODU, PALLICHAL VILLAGE. BY ADV. SRI.KRISHNADAS P. NAIR, SMT.K.L. SREEKALA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAYAN, AGED 44 YEARS, S/O.MUTHUNAYAKAM NADAR, AMBALATHILVILA VEETTI, POOVACHAL, VEERANIKAVU P.O.-695 572. 3. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION-695 501. R1 & R3 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3579 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner is the accused in C.C.962/2008 on the file of Judicial First Class Magistrate's court-III, Neyyattinkara taken cognizance for the offence under Section 394 of Indian Penal Code on Annexure-F private complaint filed by second respondent. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-F complaint contending that complaint is filed with ulterior motive from escaping from Annexures-C and D cases. 2. Learned counsel appearing for the petitioner was heard. 3. Though Annexure-G summons Crmc 3579/10 2 produced by the petitioner establishes that learned Magistrate has already taken cognizance of the offence under Section 394 of Indian Penal Code, petitioner has not sought to quash the order taking cognizance. Prayer is only to quash Annexure-F private complaint which has already been taken cognizance by the learned Magistrate. Petitioner is entitled to cross examine the complainant and his witness when examined as provided under Section 244 of Code of Criminal Procedure and seek an order of discharge under Section 245(1) of Code of Criminal Procedure raising all the contentions raised herein. With that liberty petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.