IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Crl.MC.No. 426 of 2008() ---------------------------------- ST.860/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONERS/ACCUSED ----------------------------------- 1. KRISHNAKALA PANICKER, POOTHRA HOUSE, DISTRICT COURT WARD, ALAPPUZHA-13. 2. K. DIVAKARA PANICKER, ADVOCATE, POOTHARA HOUSE, DISTRICT COURT WARD, ALAPPUZHA. BY ADV. MR.R.BINDU (SASTHAMANGALAM), MR.M.SUNILKUMAR. RESPONDENTS/ DEFACTO COMPLAINANT AND STATE ------------------------------------------------------------------------------- 1. DR. P.A. RAJAN, RESIDING AT B-102, MATOSHRI KRIPA, 90 FEET ROAD, NEAR KAMALASAGAR, BHANDUP(E), MUMBAI-42. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.N.P.SAMUEL. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.426 OF 2008 ------------------------------------------ Dated 21st January 2010 O R D E R Petitioners are the accused in S.T.860/2007 on the file of Judicial First Class Magistrate-I, Alappuzha. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-II complaint filed by the first respondent before Metropolitan Magistrate, Mumbai. Learned Magistrate took cognizance for the offences under Sections 120B, 463, 464, 465, 464, 468, 469 and 471 read with Section 34 of Indian Penal Code and issued summons to the accused. Petitioners got the case transferred to Alappuzha by approaching the Honourable Supreme Court. This petition is filed thereafter contending that the Crmc 426/08 2 learned Magistrate should not have taken cognizance of the offences. 2. When the petition was heard and when it is found that this is not a case to exercise the extra ordinary powers under Section 482 of Code of Criminal Procedure, learned counsel appearing for the petitioners submitted that petitioners may be permitted to seek an order of discharge raising all the contentions raised herein before the learned Magistrate. Petition is disposed permitting petitioners to seek an discharge from the learned Magistrate under Section 245 of Code of Criminal Procedure raising all the contentions raised herein. M.SASIDHARAN NAMBIAR, JUDGE. Crmc 426/08 3 uj.