IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Crl.MC.No. 761 of 2008() ------------------------ CC.130/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER: ACCUSED: -------------------- JIMMY, S/O.JOSE, PANAKKAL VEEDU, MANATTUPARAMBU CHURCH BHAGOM, NJARACKAL VILLAGE, NJARAKAL KARA. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE: ------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 323 OF 2006 OF NJARAKKAL POLICE STATION). BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 761 of 2008 * * * * * * * * * * * * * * * * * * Dated: 10-04-2008 ORDER Petitioner who is the sole accused in Crime No. 323 of 2006 of Narakkal Police Station for offences punishable under Sections 63 and 52 read with Sec. 58 A of the Copyright Act, 1957 and now pending before the J.F.C.M. I, Kochi as C.C. No. 130 of 2007 seeks to quash the proceedings before the said Court. Admittedly, the learned Magistrate has not framed charge against the petitioner. The proper course available to the petitioner to plead for a discharge if according to him the materials produced by the police do not spell out the ingredients of the offences alleged against him. Hence, without prejudice to the said right of the petitioner to have recourse to law by moving the appropriate court, this Crl. M.C. is disposed of. The petitioner is also permitted to plead for a discharge. In case the petitioner files an application for discharge, the same shall be considered and disposed of by the Magistrate without insisting on the personal appearance of the petitioner. V. RAMKUMAR, (JUDGE) ani.