IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4163 of 2010() ------------------------- CC.516/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. .................... PETITIONER(S): ACCUSED: ----------------------------------------- MANUEL JACOB,AGED 58 YEARS,S/O.JACOB, PICHAPPILLIL HOUSE, THEKKEPUNNAMATTOM KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.P.V.GEORGE(PUTHIYEDAM) RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. GEROGE, S/O.VARKEY, AGED 52 YEARS, CHERUSSERY HOUSE, MARIDOM KARA, PADINJATHUM KARA PO, KIDANGOOR VILLAGE, MEENACHIL TALUK-685 571. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 ADV. SRI.P.M.JOHNY R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4163 OF 2010 --------------------------------------------- Dated 1st December, 2010 O R D E R Petitioner was first accused in C.C.179/2007 on the file of Judicial First Class Magistrate's Court, Kothamangalam, taken cognizance for the offences under Sections 120 B, 193, 196, 199, 465, 467, 468 and 471 of Indian Penal Code on a complaint filed by the first respondent. As the petitioner was absconding, the case against him was re-filed as C.C.516/2010. Second accused was tried and by Annexure-A2 judgment he was acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case pending against the petitioner contending that in view of the order of acquittal against the second Crmc 4163/10 2 accused and as first respondent is not a party to the document which was allegedly forged, the proceedings is to be quashed. 2. Learned counsel appearing for the petitioner and first respondent were heard. 3. On hearing the parties, learned counsel appearing for the petitioner submitted that petitioner may be permitted to seek an order of discharge from the learned Magistrate, raising all the contentions raised herein and his presence may not be insisted for the purpose of claiming discharge. Petition is disposed granting liberty to the petitioner to seek an order of discharge from the learned Magistrate, if charge is not framed. If petitioner files an application under Section 205 of Code of Criminal Procedure to dispense with his presence for the purpose Crmc 4163/10 3 of claiming discharge, Magistrate shall not insist for his presence for that purpose. M.SASIDHARAN NAMBIAR, JUDGE. uj.