IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 Crl.MC.No. 507 of 2011() ------------------------------ CC.502/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED ------------------------------- P.K.MOHANDAS, S/O.KUMARAN, PANICHIKANDI HOUSE, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- THE ADDITIONAL DIRECTOR GENERAL OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.507 of 2011 --------------------------------------- Dated this 07th day of March, 2011 ORDER This petition is to quash proceeding against petitioner in C.C.No.502 of 2010 of the Court of learned Judicial First Class Magistrate-I, Hosdurg for offences punishable under Secs.420, 468 and 471 of the Indian Penal Code. Charge against petitioner is that he forged the seal of Kanhangad Municipality and used the same on tickets sold in his theatre for the period from 30.04.1997 to 06.02.1998 and thereby made unlawful gain and unlawful loss to the local authority. The offence is said to be detected on 06.02.1998. Petitioner sought to quash proceeding against him on the contention that materials produced by the prosecution do not show that petitioner forged seal of the local authority. However after arguing the matter for some time learned counsel has requested permission to withdraw the petition without prejudice to the right of petitioner to plead discharge in the trial court. It is also requested by learned counsel that petitioner may be permitted to plead discharge in absentia. I have heard learned Public Prosecutor also. Crl.M.C.No.507 of 2011 -: 2 :- 2. Having regard to the request made by learned counsel I am inclined to allow the petition to be withdrawn. So far as the request for plea of discharge in absentia is concerned it is open to the petitioner to request the learned Magistrate for exemption. Resultantly this petition is dismissed as withdrawn without prejudice to the right of petitioner to plead discharge in the trial court as provided under law. (THOMAS P JOSEPH, JUDGE) Sbna/-