IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.MC.No. 3384 of 2009() ----------------------------------- CRIME NO.147/2009 OF PUTHUKKADU POLICE STATION. ............. PETITIONER/ACCUSED --------------------------------- T.M. BABU, S/O. MATHEW, AGED 47 YEARS, THAZHATHU HOUSE, THOLORE P.O. THALAVANIKKARA, THRISSUR DISTRICT BY ADV. MR.GEORGE SEBASTIAN RESPONDENTS/INFORMANT AND STATE ----------------------------------------------------------- 1. BINU, S/O. MOHANAN, KIZHAKKEKUNNEL HOUSE, AMARA DESOM, THRIKKODITHANAM, KOTTAYAM DSITRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3384 OF 2009 =========================== Dated this the 4th day of November,2009 ORDER Petitioner is the accused in Crime 147/2009 of Pudukkadu Police Station now pending as C.P.111/2009 on the file of Judicial First Class Magistrate Court, Irinjalakuda. The case has been committed to the Sessions Court. The allegation against the petitioner is that he committed the offence under section 304 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the final report and the cognizance taken contending that on the facts, an offence under section 304 of Indian Penal Code is not attracted. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. When the matter was heard and it was suggested to the counsel appearing for the petitioner whether it is not advisable for the petitioner to seek an order of discharge from the concerned court, learned counsel appearing for the petitioner submitted that petitioner may be granted an opportunity to raise all the Crl.M.C.3354/2009 2 contentions before the learned Sessions Judge and seek an order of discharge under section 227 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioner to seek an order of discharge under section 227 of Code of Criminal Procedure from the concerned Sessions Court raising all the contentions raised herein. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006