IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 3874 of 2010() ------------------------------------ CC.480/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I,KOYILANDY .................... PETITIONER(S): ACCUSED NO.3 ---------------------------------------------- P.K.ABHILASH, S/O. P.RADHAKRISHNAN, THOTTATHIL, PANTHIRANKAVU P.O., KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KOYILANDY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3874 OF 2010 =========================== Dated this the 1st day of December,2010 ORDER Petitioner the third accused in C.C.480/2009 on the file of Judicial First Class Magistrate Court, Koyilandy filed this petition under section 482 of the Code of Criminal Procedure to quash the proceedings contending that there is no material warranting a successful prosecution against the petitioner who is only a contractor. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner may be permitted to seek an order of discharge without insisting for his presence for that limited purpose raising all the contentions raised Crl.M.C.3874/2010 2 herein. Petition is disposed granting liberty to the petitioner to seek an order of discharge or to seek an order under section 258 of Code of Criminal Procedure. If petitioner files an application to dispense with his presence for that purpose, learned Magistrate not to insist for his presence for that limited purpose. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006