IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 3076 of 2009() ------------------------------------ CC.411/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER(S): ACCUSED NO.2 TO 7 ------------------------- 1. POTHERA KALLURUVEETTIL BALAGOPALAN, D/O. SREEDEVI AMMA, KOOVERI AMSOM, DESOM, KOOVERI VAYAL P.O., KOOVERI. 2. POTHERA KALLURUVEETTIL VIJAYAN, S/O. JANAKI, KOOVERI AMSOM, DESOM, KOOVERI VAYAL P.O. 3. POTHERA KALLURUVEETTIL MOHANAN, S/O. JANAKI, KOOVERI AMSOM DESOM, KOOVERI VAYAL P.O. 4. POTHERA KALLURUVEETTIL HARIDASAN, S/O. JANAKI, KOOVERI AMSOM DESOM, KOOVERI VAYAL P.O. 5. PAYYATAKKAN SATHYABHAMA, D/O.KUNHIRAMAN, KOOVERI AMSOM DESOM, KOOVERI VAYAL P.O. 6. POTHERA KALLURUVEETTIL PREMALATHA, D/O. JANAKI, KOOVERI AMSOM DESOM, KOOVERI VAYAL P.O. BY ADVS.MR.M.RAMESH CHANDER MR.ANEESH JOSEPH RESPONDENT(S): COMPLAINANT & STATE ----------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. KIZHAKKE PURAYIL SUKUMARAN, S/O. KUNJAPPA, SALES-MAN, VELLAD AMSOM & DESOM, KARUVANCHAL P.O., TALIPARAMBA, KANNUR DISTRICT. BY PUBLIC PROSECUTOR MR.B.JAYASOORYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3076 OF 2009 ------------------------------------------ Dated 9th October 2009 O R D E R Petitioners are accused 2 to 7 in C.C.411/2002 on the file of Judicial First Class Magistrate, Taliparamba. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioners is that ingredients of the offence under Section 420 is not attracted and therefore, continuation of proceedings is not in the interest of justice. Learned Public Prosecutor submitted that the property does not belong to the petitioners and they have no authority to enter into an agreement. 4. Learned counsel appearing for the petitioners submitted that charge in the case was not framed as the Crl.M.C filed by the first accused was CRMC 3076/09 2 pending and the first accused is now no more. 5. Petitioners are entitled to raise all the contentions raised herein before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure. Learned counsel submitted that personal appearance of the petitioners may not be insisted for the purpose of filing an application for discharge under Section 239 of Code of Criminal Procedure or for hearing the same. If the petitioners file an application before the learned Magistrate, Magistrate not to insist the personal presence of the petitioners for the purpose of filing or hearing the petition under Section 239 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioners to raise all the contentions before the Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.