IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.MC.No. 4227 of 2010() ------------------------ CMP.742/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI CRIME NO. 93/2009 OF PERINADU POLICE STATION, PATHANAMTHITTA ................... PETITIONER : ACCUSED NO.2 ------------------------------------------ P.V.MATHEW @ MATHAI, AGED 75 YEARS, S/O.VARGHESE, PANAMTHOTTATHIL HOUSE, NARANAMOOZHI VANATHUMMURI, ATHIKAYAM VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT- 689 672. BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENTS : STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHAJI P. JOHN, AGED 41 YEARS, S/O.JOHN, THOTTATHIL VEEDU, VANTHUMMURI, NARANAMOOZHI, ATHIKAYAM VILLAGE, RANNI P.O. & TALUK, PATHANAMTHITTA DISTRICT-689672. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4227 OF 2010 --------------------------------------------- Dated 18th October, 2010 O R D E R Petitioner, the second accused in C.C.9/2010 on the file of Judicial First Class Magistrate's Court, Ranni taken cognizance for the offence under Section 420 of Indian Penal Code filed this petition, to quash the cognizance taken against him contending that the offence will not lie against the petitioner as there is no material to establish the offence. 2. On hearing the learned counsel, I do not find it for this Court to quash the cognizance taken as sought for, when petitioner is entitled to raise all the contentions before the learned Magistrate Crmc 4227/10 2 and seek an order of discharge under Section 239 of Code of Criminal Procedure. If the grievance of the petitioner is that he is aged 75 years, as claimed by him and learned Magistrate would insist for his presence for getting an order of discharge under Section 239 of Code of Criminal Procedure, sufficient direction could be given to the learned Magistrate not to insist for the presence of the petitioner for the limited purpose of seeking an order of discharge under Section 239 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioner to raise all the contentions raised herein and seek an order of discharge under Section 239 of Code of Criminal Procedure. If the petitioner files an application under Section 205 of Code of Crmc 4227/10 3 Criminal Procedure, to dispense with his presence for the purpose of filing a petition under Section 239 of Code of Criminal Procedure and its hearing, learned Magistrate not to insist for the presence of the petitioner for that limited purpose. M.SASIDHARAN NAMBIAR, JUDGE. uj.