IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.MC.No. 4252 of 2009(F) ------------------------------------- [CC.NO.3162/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA] .................... PETITIONERS/ACCUSED 1 TO 3: ---------------------------------------------- 1. OMANA RAJAGOPAL, W/O.RAJAGOPAL, AGED 58 YEARS, A12, VENKITACHALAPATHI NAGAR, KURICHY, COIMBATORE, TAMIL NADU. 2. MANOJ RAJAGOPAL, A12, VENKITACHALAPATHI NAGAR, KURICHY, COIMBATORE, TAMIL NADU. 3. POORNIMA MANOJ, A12, VENKITACHALAPATHI NAGAR, KURICHY, COIMBATORE, TAMIL NADU. BY ADV. MR.JACOB SEBASTIAN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I OF POLICE, IRINJALAKKUDA POLICE STATION. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4252 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.3162/2008 on the file of Judicial First Class Magistrate's Court, Irinjalakuda, taken cognizance for the offences under Sections 406, 417, 420, 120B and 109 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken on Annexure-1 final report contending that ingredients of the offences are not attracted. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel and on going through Annexure-1 final report, I cannot agree with the submission of the learned counsel that ingredients of the offences are not attracted. Hence, the case cannot be quashed as sought for. CRMC 4252/09 2 Petitioners are at liberty to seek an order of discharge under Section 239 of Code of Criminal Procedure. Learned counsel then submitted that first petitioner is laid up and she is not in a position to appear before the court and she be exempted from personal appearance. It is up to the first petitioner to apply before the learned Magistrate for exemption as provided under Section 205 of Code of Criminal Procedure. If such an application is filed, learned Magistrate not to insist for the presence of the first petitioner for the purpose of hearing the question of discharge. Petition is disposed. 17th February, 2010 (M.Sasidharan Nambiar, Judge) tkv