IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 803 of 2009(C) ---------------------------------- CC.386/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHENGANNUR (CRIME NO.170/05 OF MANNAR POLICE STATION, ALAPPUZHA.) ............................................. PETITIONER(S): ACCUSED 1 & 2: ---------------------------------------------- 1. PRAKASH, AGED 48, S/O.MICHAEL, KALAVOOR VILLAGE, KATTOOR P.O., ALAPPUZHA. 2. SUNITHA, AGED 33, SASTHAMPARAMBIL HOUSE, KALAVOOR P.O., ALAPPUZHA. BY ADV. SRI.P.J.JOSEPH SRI.GEORGE MATHEW RESPONDENT(S): COMPLAINANT & DE-FACTO COMPLAINANT: ------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MANNAR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MARIAMMA RAJU, AGED 47, W/O.RAJU, VELIKKETTIL JIJO VILLA, THIRUVAMPADY, ALAPPUZHA WEST. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.803 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.386/2008 on the file of Judicial First Class Magistrate's Court-II, Chengannur, taken cognizance for the offences under Sections 415, 420, 465 and 468 read with Section 34 of Indian Penal Code. This petition is filed to quash the proceedings pending before the Magistrate. 2. Learned counsel appearing for the petitioners was heard. 3. Argument of the learned counsel appearing for the petitioners is that the dispute is essentially of civil nature and in any case learned Magistrate has no territorial jurisdiction to try the case. As the case is being tried as warrant trial, petitioners are entitled to raise all the contentions before the Magistrate, before framing the charge, by filing a petition under Section 239 CRMC 803/09 2 of Code of Criminal Procedure. With liberty to raise all the contentions before the Magistrate and file a petition under Section 239 of Code of Criminal procedure, petition is disposed. 14th august, 2009 (M.Sasidharan Nambiar, Judge) tkv