IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Crl.MC.No. 1399 of 2010() ------------------------------------- CRIME NO.240/2009 OF VAIKOM POLICE STATION. ..................... PETITIONERS/ACCUSED ------------------------------------ 1. PONNAMMA B.PILLAI, AGED 68, W/O. BALAKRISHNA PILLAI, THEVALAKATTU HOUSE, VAIKOM TALUK, KULASEKHARAMANGALAM TALUK. 2. BALAKRISHNA PILLAI, AGED 80, THEVALAKATTU HOUSE, VAIKOM TALUK, KULASEKHARAMANGALAM TALUK. BY ADV. SRI.T.A.SHAJI RESPONDENT/COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM, KOTTAYAM DISTRICT) 2. M/S. NATASHA HOMES PVT. LTD., NATASHA, 52 HILL ROAD, BANDRA WEST, MUMBAI, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, SRI.K.K. KUTTAPPAN, S/O.K.G. KANNAN, KOMATH HOUSE, VAZHAKALA VILLAGE, PADAMUGAL DESOM, KANAYANNUR TALUK, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1399 of 2010 -------------------------- ORDER Petitioners, the accused in Crime No.240/2009 of Vaikom Police Station, registered for the offences under Sections 420 and 120B read with Section 34 of Indian Penal Code, filed this petition under Section 482 of Code of Criminal Procedure to quash the FIR and the further proceedings. 2. This petition was filed on 21.04.2010. Learned Public prosecutor, on instructions, submitted that final report in the case was submitted before Judicial First Class Magistrate's Court, Vaikom in February 2010 itself and taken cognizance as C.C.No.357/2010 and the charge was submitted only against the first petitioner. If so, petitioners have to challenge the final report. Granting liberty to the first petitioner to seek an order of discharge in C.C.No.357/2010, this CRMC 1399/10 2 petition is disposed. If first petitioner files an application under Section 205 of Code of Criminal Procedure for the purpose of claiming discharge under Section 239 of Code of Criminal Procedure, learned Magistrate not to insist for her presence. 24th September, 2010 (M.Sasidharan Nambiar, Judge) tkv