IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Crl.MC.No. 199 of 2008() ---------------------------- C.C. NO. 298/2007 of CHIEF JUDICIAL MAGISTRATE, MANJERI PETITIONER: ACCUSED NOS.3 & 5 -------------------------------------- 1. SEENATH SHAJI, W/O. SHAJI, GREEN VIEW, KADUNGAMPURAM P.O., PUZHAKKATTIRI, MALAPPURAM DISTRICT. 2. HAMZA, GREEN VIEW, KADUNGAMPURAM P.O., PUZHAKKATTIRI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. DR. RANJITH C., S/O. PRABHAKARAN NAIR, PRATHEEKSHA HOUSE, NUT STREET, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.199 of 2008 ========================== Dated this the 21st day of January, 2008. ORDER Petitioners, who are accused Nos.3 and 5 in C.C. No. 298/2007 on the file of the Chief Judicial Magistrate, Manjeri arising out of Crime No. 112/2007 of the Edavanna Police Station for offences punishable under Sections 406, 420, 464, 465,467 and 468 r/w Section 34 IPC, seek to quash all further proceedings before the Magistrate. 2. Admittedly, the trial court has not conducted a preliminary hearing or framed a charge against the petitioners. If, according to the petitioners, no offences have been made out against both or either of them, nothing prevents them from pleading for a discharge before the trial court. The power under Section 482 Cr.P.C cannot be permitted to be invoked at this stage of the proceedings especially when the petitioners have got an effective remedy of pleading for a discharge before the trial court. Accordingly, this Crl.M.C is disposed of permitting the petitioners to file an application for discharge through their counsel. The Magistrate shall not insist on the personal appearance of the petitioners for the disposal of their discharge petition. Warrants, if any, pending against the petitioners shall not be executed until the disposal of such discharge petition. V. RAMKUMAR, JUDGE. rv