IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Crl.MC.No. 4212 of 2010 (B) ------------------------- PETITIONER/PETITIONER/3RD ACCUSED: -------------------------------------------------------------- BABY @ SEBASTIAN, MOOLAYIL HOUSE, NAMBIAKULAM, KANAKKARY, KOTTAYAM DISTRICT. BY ADV. SRI.RAFFEEKH KOTTAKKAL RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ STATE OF KERALA, ] REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4212 OF 2010 --------------------------------------------- Dated 15th November, 2010 O R D E R Third accused in C.C.293/2006 on the file of Judicial First Class Magistrate's Court, Ettumanoor, on dismissal of Crl.M.P.1826/2010 filed under Section 239 of Code of Criminal Procedure seeking an order of discharge, instead of preferring a revision filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-3 order and for a direction to discharge him. Learned Magistrate has taken cognizance on Annexure-2 final report for the offences under Sections 120B, 465, 468, 471 and 511 of 420 read with Section 34 of Indian Penal Code. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the Learned counsel Crmc 4212/10 2 appearing for the petitioner is that learned Magistrate should not have taken cognizance for the offence in view of Section 195(1)(b) of Code of Criminal Procedure when procedure provided under Section 340 of Code of Criminal Procedure was not complied with. As rightly found by the learned Magistrate, prosecution case is not that any forgery was committed when the disputed document was in the custody of the Court, so as to attract the procedure provided under Section 340 of Code of Criminal Procedure or provisions of Section 195(1)(b) of Code of Criminal Procedure. In such circumstances, dismissal of the application for discharge on that ground in Annexure-3 order is legal and correct. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.