IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 3630 of 2008() ------------------------------------- O.R.NO.20/2008 OF RANGE OFFICER, KULATHUPUZHA. ................. PETITIONERS/ACCUSED: ------------------------------------ 1. KURIEN KALATHIL, PROPRIETOR, PONMUDI ESTATE, T.C.14/1004, VAZHUTHACAUD, TRIVANDRUM. 2. K.N. PRAHLADAN, S/O.LATE NARAYANAN UNNI. K.N., MANAGER, PONMUDI ESTATE, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ------------------------- 1. RANGE OFFICER, FOREST DEPARTMENT, KULATHUPUZHA. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 & R2 BY SPL. PUBLIC PROSECUTOR (FOREST) MR.M.P. PRAKASH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/09/2010, ALONG WITH CRMC NO. 4101 OF 2008, CRMC NO.4126 OF 2008 AND CRMC NO.4141 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ---------------------------------------------------------------------------- CRL.M.C.NOs.3630, 4141, 4101 and 4126 OF 2008 --------------------------------------------------------------------------- Dated 16th September, 2010 O R D E R Crl.M.C.4141/2008 is filed to quash Annexure-A8 complaint filed against petitioner as O.R.25/2008, Crl.M.C.4101/2008 is filed to quash O.R.23/2008, Crl.M.C.3630/2008 is filed to quash O.R.20/2008 and Crl.M.C.4126/2008 is filed to quash O.R.24/2008 all registered by Range Officer, Kulathuppuzha. Learned counsel appearing for the petitioners submitted that final reports in all the cases were already submitted before the learned Magistrate and taken cognizance and in such circumstances, petitioners may be permitted to seek an order of discharge, raising all the contentions raised herein before the learned Magistrate. It is also submitted that presence Crmc 3630, 4141, 4101 & 4126/08 2 of the petitioners may not be insisted for the purpose of getting an order of discharge under Section 239 of Code of Criminal Procedure. Petitions are disposed granting liberty to the petitioners to raise all the contentions raised herein and seek an order of discharge from the learned Magistrate. Petitioners are at liberty to file applications under Section 205 of Code of Criminal Procedure before the trial Court. If such an application is filed, Magistrate to consider the same and pass appropriate order in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.