IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Crl.MC.No. 2269 of 2009 ------------------------------- CC.64/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED 2 & 3 --------------------------------------------- 1. C.P.P.SAJU, W/O.BASHEER @ BEERANKOYA, PALAKKAL HOUSE, VELLAYIL, NOW RESIDING AT PANNIYANKARA AMSOM, PANNIYANKARA, KOZHIKODE. 2. SAINABA, D/O.BASHEER @ BEERANKOYA, -DO- -DO- -DO- BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE. 2. SHAHIDA, SHAHIDA MANZIL, KOLATHARA, KOZHIKODE. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2269 of 2009 -------------------------- ORDER petitioners are accused 2 and 3, the mother and sister of the first accused, in C.C.No.64/2006 on the file of Judicial First Class Magistrate's Court-V, Kozhikode. Second respondent is the defacto complainant. Prosecution case as against the petitioners is that they committed offences under Sections 406 and 498A read with Section 34 of Indian Penal Code along with the first accused, husband of the second respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against them. 2. Learned counsel appearing for the petitioners submitted that there is absolutely no material to proceed against the petitioners and therefore, they are entitled to get an order of discharge. Learned counsel submitted that petitioners may be granted liberty to seek an order of discharge from the CRMC 2269/09 2 learned Magistrate and as the second petitioner is now married and is living with her husband at Ernakulam, her presence may be dispensed with at the time of hearing the application for discharge. It is also submitted that first petitioner, the mother, is aged and her presence is not necessary to consider the question of discharge. Petition is disposed granting liberty to the petitioners to file an application for discharge under Section 239 of Code of Criminal Procedure. If petitioners file an application for discharge, Magistrate to consider the question and pass appropriate orders in accordance with law. Magistrate shall not insist for the presence of the petitioners at the time of hearing the application for discharge. 14th July, 2009 (M.Sasidharan Nambiar, Judge) tkv