IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 Crl.MC.No. 1601 of 2010() ------------------------- CC.567/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... (CRIME NO.118/2007 OF KODUVALLY POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- P.M.MUHAMMED, PALLIMANNIL HOUSE, KODUVALLI P.O., KOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE BANK OF INDIA, KODUVALLY BRANCH, KOZHIKODE. REPRESENTED BY ITS BRANCH MANAGER. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. R2 BY PUBLIC PROSECUTOR SRI. P. RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ------------------- Crl.M.C No.1601 of 2010 -------------------- Dated this the 13th day of May, 2010 O R D E R This is a petition under Section 482 of the Criminal Procedure Code seeking an order to quash the charge sheet filed in Crime No.118 of 2007 of Koduvally Police Station. It appears that after investigation final report was filed before the Judicial Magistrate of the First Class-I, Thamarasseri. However, no copy of the charge sheet is produced. The petitioner seeks the relief with a pleading that offences under Sections 409 and 420 I.P.C were alleged against the petitioner for the reason that the manager of the bank had detected some misappropriation against the petitioner who is a messenger of the bank and that the petitioner had now remitted the amount. According to the petitioner, so there is no purpose in proceeding with the prosecution. Having heard the learned counsel for the petitioner, I find that the petition is a misconceived one. In the Crl.M.C.No.1601/2010 2 event the matter is settled, the petitioner is at liberty to file a compromise petition before the trial court. With liberty to file the compromise petition, if the law so permits, this petition is dismissed. (P.S.GOPINATHAN, JUDGE) rtr/