IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4859 of 2010() ------------------------------------ CC.315/2010 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): 2ND ACCUSED --------------------------------------------- AJITHA AYYAR, W/O. BALAKRISHNA AYYAR, JANARDHANA VILASAM, BHARANIKAVU NORTH, ALAPUZHA DISTRICT. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I OF POLICE, KURATHIKAD POLICE STATION, ALAPPUZHA DISTRICT. 2. SASI, S/O. RAGHAVAN, S.S. BHAVAN, BHARANIKAVU.P.O, PIN - 690 541, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M. SASIDHARAN NAMBIAR, J. ----------------------------------------------- Criminal M.C. No. 4859 of 2010 ------------------------------------------------ Dated this the 13th day of December, 2010 ORDER Petitioner, the second accused in C.C.No. 315/10 on the file of Judicial First Class Magistrate Court-1, Mavelikkara filed this petition under Section 482 of the Code of Criminal Procedure to quash the cognisance taken against him on Annexure-4. Accused 1 and 3 had earlier approached this Court by filing Crl.M.C.No. 4524/10 seeking the same relief. By Annexure-A7 order , they were permitted to seek an order of discharge before the learned Magistrate raising all the contentions raised here in. They were also permitted to file a petition to dispense with their presence. The petition is disposed granting liberty to the petitioner to raise all the contentions raised here in, to seek an order of discharge under Section 245(1) of Code of Criminal Procedure. If petitioner files an application, learned Magistrate, not to insist for presence of the Criminal M.C. No. 4859 of 2010 2 petitioner for the purpose of considering the question of discharge under Section 245(1) of Code of Criminal Procedure. M. SASIDHARAN NAMBIAR, JUDGE. rkc //True Copy// PA to Judge.