IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Crl.MC.No. 4445 of 2010 () ------------------------- AGAINST THE ORDER DATED 14.7.10 IN CMP.4271/2009 IN CC.113/09 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONERS/ACCUSED 1, 2 & 3 --------------------------------------------- 1. M.M.MATHEW, AGED 72 YEARS, S/O.MATHAI, MANAPURATH HOUSE, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. 2. THRESSIAKUTTY MATHEW, AGED 62 YEARS, W/O.M.M.MATHEW,MANAPURATH HOUSE, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. 3. JIJI MATHEW, AGED 35 YEARS, D/O.M.M.MATHEW, MANAPURATH HOUSE, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. (PETITIONERS 1 & 2 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, SMT.JIJI MATHEW, THE 3RD PETITIONER). BY ADV. SRI.JIJI MATHEW [PARTY IN PERSON] RESPONDENT/COMPLAINANT & DEFACTO COMPLAINANT --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOHNY,S/O.EAPEN, AGED 42 YEARS, KULAVATTOM VEEDU, NELLANICHAL, THIRUVAMPADI AMSOM, DESOM, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4445 OF 2010 --------------------------------------------- Dated 8th November, 2010 O R D E R Petitioners are the accused in C.C.113/2009 on the file of Judicial First Class Magistrate's Court-II, Thamarassery. Petitioners earlier filed Crl.R.P.3650/2009, when charge for the offences under Sections 341 and 324 read with Section 34 of Indian Penal Code was framed. Third petitioner appeared in person and she declined the offer to appoint a counsel for the petitioners, this Court by Annexure-I order permitted petitioners to file an application for discharge and directed the Magistrate to dispose the same. Annexure-II petition was filed thereafter for discharge. By Crmc 4445/10 2 Annexure-III order the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure, to quash Annexure-III order passed by Judicial First Class Magistrate-II, Thamarassery. 2. Third petitioner appeared in person and submitted that petitioners are not engaging any counsel. Third petitioner was heard. 3. Annexure-I order shows that charge was framed by the learned Magistrate and it was challenging that order the revision petition was filed. When the charge was framed, learned Magistrate cannot discharge an accused under Section 239 of Code of Criminal Procedure. Whatever it be, as directed by this Court in Annexure-I order, learned Magistrate considered Annexure-II petition and dismissed it. Case of the petitioners before the learned Magistrate, Crmc 4445/10 3 as asserted by the third petitioner before this Court, is that petitioners have sixteen documents to be produced and if those documents are produced, it would establish that the prosecution case will not stand. 4. Learned Magistrate was correct in holding that the documents to be produced by the accused, cannot be looked into at that stage, for the purpose of discharging an accused. Petitioners are entitled to produce those documents at the stage of trial, in accordance with law. 5. Third petitioner then submitted that petitioners 1 and 2 are mentally and physically ill. If petitioners 1 and 2 are not mentally fit to stand for trial, learned Magistrate necessarily has to conduct an enquiry and proceed in accordance with law. If the Crmc 4445/10 4 petitioners produce documents to show that petitioners 1 and 2 are not mentally fit to stand for trial, learned Magistrate has to call for a report from Psychiatrist of the Mental hospital and decide whether they could stand for trial or not. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.