IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 3416 of 2006() ----------------------------------- CC.883/2004 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): ACCUSED 3 & 4 ----------------------------------------------- 1. SUNITHA ANIL ALEXANDER, MANAGING DIRECTOR, M/S.ALEXY REALTORS PVT.LTD., ALEXY GARDENS, THURAVOOR P.O., ANGAMALY. 2. AMINI DAVIS, S/O.DAVIS MAMPILLY, THEVALAPARA ROAD, MANJAPARA, ANGAMALY. BY ADV. SRI.S.RAJEEV SRI.JOHN VARGHESE (VEYKKAN) RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.M.BABY, PROPRIETOR, CREATIVE CONSUMER CARE COUNTER, 39/5011, THEKKENATH BUILDING, NEAR SOUTH OVER BRIDGE, KOCHI-36. R1 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRMC. NO.34516/2006 APPENDIX PETITIONER'S ANNEXURES A1:- CERITIFIED COPY OF THE COMPLAINT IN CC. 883/2004 IN JFCM-I, KOCHI. AII:- COPY OF THE REPORT SUBMITTED BY THE IST RESPONDENT. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3416 of 2006 - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011. O R D E R Heard the learned counsel for the petitioners. 2. The petitioners are accused Nos. 3 and 4 in C.C. No. 883 of 2004 on the file of the Judicial First Class Magistrate-I, Kochi for an offence punishable under Section 420 r/w Section 34 IPC. I am not inclined to quash the complaint as laid. It is open to the petitioners to file an application for discharge before the trial court on the ground that the refer report has not been taken into consideration while taking cognizance of the offence and issuing process. If such an application is filed, the learned Magistrate shall pass appropriate orders thereon. 3. The learned counsel for the petitioners states that the petitioners are ladies and their personal appearance may not be insisted upon before the trial court. If the petitioners file an application under Section 205 Cr.P.C by 17.08.2011, the same shall be allowed on such terms and conditions the learned Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv