IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.MC.No. 2728 of 2009() ------------------------- CC.1208/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED 1 TO 3 ---------------------------- 1. A.P.RASHEED, A.P.HOUSE, ATHINHAL, MANIKOTH, HOSDURG, 2. M.ABDULLA, S/O.MOHAMMED, BALLA VILLAGE, HOSDURG. 3. KHALID.A.P,.S/O.A.P.ABOOBACKER, ATHINHAL, AJANUR, HOSDURG. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP,.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. T.P.HAMZA, SALBIL MAHAL, PERIYOT, PUDUKAI, UPPILAKAI, PO, HOSDURG. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2728 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R Petitioners are accused in C.C.1208/2008 on the file of Judicial First Class Magistrate-I, Hosdurg taken cognizance for the offence under Section 420 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-VIII final report. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. On hearing the learned counsel, when it is pointed out that petitioners can raise all the contention raised herein before the learned Magistrate and seek an order of discharge, learned counsel appearing for the petitioners submitted that they have already filed a petition for discharge before the learned Magistrate. In such circumstances, petition is disposed granting liberty to the petitioners to raise all the contentions raised CRMC 2728/09 2 herein before the learned Magistrate and seek an order of discharge. M.SASIDHARAN NAMBIAR, JUDGE. uj.