IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Crl.MC.No. 2387 of 2007(C) ------------------------------------ CC.371/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD ................................................ PETITIONER(S): ACCUSED 1 TO 4 ------------------------------------------------ 1. JAMES, S/O ABRAHAM, ARIMALA, KADAMBAR VILLAGE, MANJESHWARAM. 2. SAFOORA, W/O BASHEER, BADRADUKA, CHAUKI, KUDLU, KASARAGOD. 3. ABDUL LATHEEF, S/O AHAMMED, M.G.ROAD, KASARAGOD. 4. T.A.ILLIYAS, S/O ABDUL KHADER HAJI, NULLIPADY, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MANJESWARAM POLICE STATION, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2387 OF 2007 =========================== Dated this the 31st day of July,2009 ORDER This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A1 final report taken cognizance for the offence under section 3, 5 & 7 of Immoral Traffic (Prevention) Act, 1956 in C.C.371/2004 by Chief Judicial Magistrate, Kasaragod. As per order dated 4.9.2007 petitioner was permitted to appear before the Magistrate through the counsel. 2. On hearing the learned counsel appearing for the petitioners and the learned Public Prosecutor, I find that it is for the petitioners to seek an order of discharge before the learned Magistrate and not to exercise the power under section 482 of Code of Criminal Procedure. Petitioners are entitled to raise all the contentions before the learned Magistrate. Petition is disposed granting liberty to the petitioners to file an application for discharge under section 239 of Code of Criminal Procedure. Petitioners are also entitled to file an application for dispensing with their presence for the purpose of hearing the said Crl.M.C.2398/2007 2 petition. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006