IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.MC.No. 2494 of 2009() ------------------------------------ CC.437/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/1ST ACCUSED --------------------------------------- PANAKKARAN KAMALAKSHAN, S/O. LATE K.K.KUNHAPPA, AGED 54 YEARS, ADVOCATE, RESIDING AT CHEMBALLIKKUNDU, POST VENGARA, PAYYANGADI, KANNUR DISTRICT. BY ADV. MR.V.RAMKUMAR NAMBIAR RESPONDENTS/STATE AND COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. PALAKKEEL MADAI VALSAN, S/O. MATHI, AGED 58 YEARS, KUNHIMANGALAM VILLAGE, DESOM, NOW RESIDING AT ABUDABI, TOTALA V.K., P.B.NO.4058, REP.BY POWR OF ATTORNEY HOLDER, PANAKKARATHI PANKAJAKSHI, W/O.P.M.VALSAN, AGED 46 YEARS,PALAKKEEL HOUSE, KUTHIRUMMAL (VANNACHAL), KUNHIMANGALAM, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2494 of 2009 -------------------------- ORDER Petitioner is the first accused in C.C.No. 437/2008 on the file of Judicial First Class Magistrate's Court, Payyannur. Learned Magistrate took cognizance of the offence on Annexure-A10 complaint, after conducting enquiry under Section 202 of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings. 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the learned counsel, I find no reason to invoke the extraordinary inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure, when petitioner is entitled to raise all the contentions before the Magistrate and seek an order of discharge under Section 245 of Code of Criminal Procedure. CRMC 2494/09 2 Petitioner is at liberty to file an application for discharge under section 244 of Code of Criminal Procedure. Even without filing an application, after recording the evidence of the complainant and witnesses as provided under Section 244, before framing charge under Section 246(1), Magistrate is bound to hear the complainant as well as the accused. Magistrate is entitled to frame a charge, only if it is found that the accused are not to be discharged under Section 245 of Code of Criminal Procedure. With liberty to the petitioner to raise all the contentions at that stage, petition is disposed. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv