IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Crl.MC.No. 2587 of 2009() ------------------------- CC.100/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ACCUSED 1 & 2: -------------------------------------------------- 1. KAITHAVALAPPIL HAREENDRAN, MANNIKKARA (H), AZHIKODE AMSOM, PUNNAKAPARA. 2. SREELATHA P., NAMBARAN HOUSE, KOTHAI MUKKU, PAYYANNUR. BY ADV. MR.RAJESH NAMBIAR RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. B.JAYASOORYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2587 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.100/2007 on the file of Judicial First Class Magistrate's Court-I, Kannur. Prosecution case is that they committed offences under Sections 468, 472 and 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 by the Magistrate contending that ingredients of the offences are not made out. 2. On hearing the learned counsel and learned Public Prosecutor, I do not find any reason to exercise the extraordinary inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure to quash the cognizance taken. Though petitioners had an opportunity to seek an order of discharge under Section 239 of Code of Criminal Procedure, they did not claim discharge and charge was framed. Petitioners are entitled to raise all the contentions raised herein before the learned Magistrate at the time of trial. With that liberty, petition is dismissed. 25th August, 2009 (M.Sasidharan Nambiar, Judge) tkv