IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Crl.MC.No. 4150 of 2010() -------------------------------------- CC.625/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THODUPUZHA .................... PETITIONER(S): ----------------------- STANLY & UNNI, S/O.LUKA, KUNNAPPILLIL HOUSE, AVOLY KARA, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.S.SUDHISH KUMAR, SRI.JAISON JOSEPH (KOOTHATTUKULAM). RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I.OF POLICE, KARIMANNOOR POLICE STATION, KARIMANNOOR, IDUKKI DISTRICT. 3. DEEPAK, AGED 32 YEARS, S/O.AUGUSTIAN, KUNNAPPILLY HOUSE, KARIMANNOOR, IDUKKI DISTRICT, 695 051, KARIMANNOOR P.O. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4150 of 2010 -------------------------- Dated this the 11th October, 2010 O R D E R Petitioner is the accused in C.C No.625 of 2010 on the file of the Judicial First Class Magistrate Court, Thodupuzha taken cognizance for the offence under Section 447 and 427 of I.P.C on Annexure A5 final report. Petition is filed under Section 482 of Cr.P.C to quash the cognizance taken contending that, the offence under Sections 447 and 427 of I.P.C are not attracted and Annexures 3 and 4 establish that petitioner was hospitalised at the relevant time. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find any reason for this Court to quash the proceedings as sought for. Petitioner is entitled to raise all the contentions raised herein before the learned Magistrate. Petition is disposed of granting liberty to the petitioner to seek an order of discharge under Section 239 of Cr.P.C raising all the contentions raised herein. If the Crl.M.C No.4150 of 2010 2 petitioner files an application under Section 205 of Cr.P.C to dispense his presence for the purpose of filing an application or for claiming discharge under Section 239 of Cr.P.C., learned Magistrate not to insist for his personal appearance.. M.SASIDHARAN NAMBIAR JUDGE ma