IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.MC.No. 3080 of 2008() ------------------------- CMP.338/2007 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... PETITIONER: ACCUSED; -------------------- A.C.SUBRAN, AGED 32 YEARS, S/O.CHATHAN, AMBADAN HOUSE, THABORE P.O., POOTHANKUTTY. BY ADV. SRI.B.HARISH KUMAR SRI. P.N.BIJU RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. P.M.AUSOEPH, AGED 52 YEARS, S/O.MATHAI, PARAKKADAN HOUSE, KALPETTA NORTH, VYTHIRI, WAYANAD. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3080 of 2008 ------------------------------------- Dated this the 26th day of August, 2008 ORDER On a private complaint filed by the 2nd respondent, cognizance has been taken against the petitioner alleging offences punishable, inter alia, under Section 420 I.P.C. 2. When this petition came up for hearing today, the learned counsel for the petitioner submits that no prayer for his discharge is already made before the learned Magistrate so far and the submission to that effect on the last date of posting is not correct. The learned counsel for the petitioner prays that there may be a direction to the learned Magistrate to consider the claim for discharge under Section 245(2) Cr.P.C. 3. The petition for discharge having not been filed so far, it is not necessary to issue any specific directions. Suffice it to say that if any such application for discharge under Section 245 (2) Cr.P.C is filed, the learned Magistrate must consider the same on merits and pass appropriate orders expeditiously. 4. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) rtr/-