IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2976 of 2009() ------------------------------------ CC.822/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT -I, THODUPUZHA .................... PETITIONER/ACCUSED: --------------------------------- SAROJINI AMMA,W/O.PADMANABHAN NAIR, AGED 84 YEARS,THAYIL HOUSE,KUMARAMANGALAM KARA, KUMARAMANGALAM VILLAGE,THODUPUZHA TALUK. BY ADV. MR.ALEXANDER JOSEPH MR.M.V.SABU RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,THODUPUZHA POLICE STATION,THODUPUZHA. 3. K. SUGATHAN,S/O.DAMODARAN,AGED ABOUT 35 YEARS,KALLINKALKUDIYIL HOUSE,EAST KALOOR.PO, KUMARAMANGALAM VILLAGE,THODUPUZHA TALUK. R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2976 OF 2009 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioner is the accused in C.C.822/2008 on the file of Judicial First Class Magistrate-I, Thodupuzha taken cognizance for the offence under Section 379 of Indian Penal Code on Annexure-A4 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 final report and the cognizance taken contending that no offence under Sections 378 and 379 of Indian Penal Code is made out. 2. On hearing the learned counsel, I find no reason to quash the final report as sought for, as petitioner is entitled to seek an order of discharge before the learned Magistrate under Section 239 of Code of Criminal Procedure. Learned counsel appearing for petitioner then submitted that petitioner may be permitted to seek an order of discharge without personal presence of the accused. 3. Petition is disposed granting liberty to CRMC 2976/09 2 the petitioner to seek an order of discharge under Section 239 of Code of Criminal Procedure and raise all the contentions raised herein. If the petitioner files an application to dispense with her presence for the purpose of filing an application for discharge or its hearing, learned Magistrate to consider it favourably. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.