IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 3773 of 2008(F) ------------------------------------- (F.I.R. NO. 144/2008 OF NEMOM POLICE STATION) .................... PETITIONERS/ ACCUSED: ------------------------------------- 1. VASUDEVAN NAIR, S/O.KONI NAIR, `REVATHI', KAKKAVILAKATHU, KALLIYOOR, THIRUVANANTHAPURAM. 2. R.INDRANI AMMA, W/O.VASUDEVAN NAIR, `REVATHI', KAKKAVILAKATHU, KALLIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA. 2. CHANDRA, W/O.LATE JOSHWA SAMUEL, BEENA BHAVAN, KALLIYOOR P.O., KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI. AMJAD ALI FOR R1. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3773 of 2008 ---------------------------------------- Dated this the 28th day of October 2008 O R D E R The petitioners have come to this court with the prayer that the F.I.R registered against them on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C may be quashed. 2. The learned Public Prosecutor, after taking instructions, submits that the final report has already been filed and the prosecution is pending before the learned J.F.C.M-I, Neyyattinkara as C.C.No.374/2008. 3. The petitioner advances the twin contentions that the claim is barred by limitation and that, at any rate, it is only a claim which is civil in nature and that there is nothing to attract the offence under Section 420 read with 34 I.P.C. 4. In the light of the subsequent developments that have taken place, I am satisfied that no further directions are necessary in this Crl.M.C to quash the F.I.R. But I take note of the submission by the learned counsel for the petitioners and direct that the petitioners - spouses shall be permitted by the Crl.M.C.No.3773/08 2 learned Magistrate to appear through counsel in C.C.No.374/2008 and advance their plea for discharge. Expeditious order shall be passed on such plea for discharge after the petitioners advance their plea through their counsel. Personal presence of the petitioners shall be insisted by the learned Magistrate only if the learned Magistrate comes to the conclusion that charges are liable to be framed against the petitioners. Till then, they shall be permitted to be represented by their counsel. 5. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3773/08 3 Crl.M.C.No.3773/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008