IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2018 of 2009 -------------------------------- CC.91/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .......................................... PETITIONER(S): 4TH ACCUSED ------------------------------------------- SHEELA,W/O.RAVI,THADATHARIKATH, SASTHAMPARA,ANAD VILLAGE,NEDUMANGADU,TRIVANDRUM. BY ADV. SRI.C.S.MANILAL RESPONDENT(S): STATE & DEFACTO COMPLAINANT ---------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SWAMI,D/O.CHELLAMMA, SASTHAMPARA,THADATHARIKATH, ANAD VILLAGE,NEDUMANGADU,TRIVANDRUM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2018 OF 2009 ------------------------------------------ Dated 19th August 2009 O R D E R Petitioner is the accused in C.C.91/2009 on the file of Judicial First Class Magistrate, Nedumangad taken cognizance on Annexure-IV protest complaint filed by second respondent after Annexure-III refer report was submitted by the police on investigation. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-IV complaint. 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the learned counsel, I find no reason to quash the complaint as sought for. The case is to be tried following the procedure provided for trial of warrant cases otherwise than on a police report. After recording the evidence of the complainant and his witnesses if any, as provided under Section 244 of Code of Criminal Procedure, Magistrate is bound to hear the complainant as well CRMC 2018/09 2 as the accused and decide whether no case against the accused is made out, which if unrebutted would warrant his conviction or not. If it does not warrant conviction the accused are to be discharged. If made out a charge is to be framed as provided under Section 246(1) of Code of Criminal Procedure. Petitioner is entitled to raise all the contentions before the Magistrate at that stage. Petitioner is also at liberty to file a petition for discharge under Section 245(1) of Code of Criminal Procedure and urge all the available grounds before the Magistrate. With that liberty petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.