IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3572 of 2008() ------------------------- CC.180/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER(S): ACCUSED ---------------------- MUHAMMED MAXOOD ALAM, PADIPURAKKAL HOUSE, POST TEMPLE GATE, NEAR SAIDARPALLI. BY ADV. SRI.SUNNY MATHEW RESPONDENTS(S): ---------------- 1. MELEDATH SOMANADHAN, S/O.SADANANDAN, MELEDATH HOUSE, CHAVASSERY AMSOM, THALASSERY TALUK. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3572 of 2008 ---------------------------------------- Dated this the 24th day of September 2008 O R D E R The petitioner, who faces indictment in a prosecution under Section 420 I.P.C and is already on bail, prays that the prosecution initiated against him under Section 420 I.P.C on the basis of the final report submitted by the police may be quashed invoking the jurisdiction under Section 482 Cr.P.C. 2. After discussions at the Bar, it is accepted that the petitioner can be relegated to claim discharge under Section 239 Cr.P.C with the observation that the personal presence of the petitioner may not be insisted by the learned Magistrate till the plea of discharge is considered. Unless and until the learned Magistrate comes to a conclusion that charges are liable to be framed under Section 240 Cr.P.C, the personal presence of the petitioner need not and shall not be insisted by the learned Magistrate. 3. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008