IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Crl.MC.No. 2123 of 2009() ------------------------------------ CC.743/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER/ACCUSED --------------------------------- BEENA SHABEER, T.C.3/251, PRIYADARSHINI LANE, MANKULAM HOUSE, MUTTADA.P.O., TRIVANDRUM-25. BY ADV. MR.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, CONDONMENT POLICE STATION, TRIVANDRUM. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. * ADDL. R3 IMPLEADED ADDL. R3: RAVIKUMAR, S/O.DANIEL, EXECUTIVE ASSISTANT, INTEGRATED FINANCE, STATUE BRANCH, THIRUVANANTHAPURAM. * IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED 03/07/2009 IN CRL.MA.NO.3726/2009 IN CRLMC.NO.2123/2009. R1 & R2 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2123 of 2009() ORDER ON CRL.MA.NO.3669/2009 IN CRL.MC.NO.2123/2009 DISMISSED 13/11/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2123 OF 2009 =========================== Dated this the 13th day of November,2009 ORDER Petitioner is the accused in C.C.743/2001 on the file of Judicial First Class Magistrate Court, III, Thiruvananthapuram taken cognizance for the offence under sections 405,406, 415 and 420 of Indian Penal Code on Annexure I final report. The crime was registered based on the complaint filed by the third respondent the de facto complainant. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the allegations raised do not attract an offence under section 405 or 406 of Indian Penal Code. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do Crl.M.C.2123/2009 2 not find any ground to quash the proceedings as sought for. Petitioner is at liberty to raise all the contentions raised, herein before the learned Magistrate and seek an order of discharge under section 239 of Code of Criminal Procedure. Learned counsel appearing for the petitioner then submitted that presence of the petitioner may be dispensed with. It is for the petitioner to file an application under section 205 of Code of Criminal procedure, before the learned Magistrate. If such an application is filed, learned Magistrate to pass appropriate orders in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006