IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Crl.MC.No. 1193 of 2008 ------------------------- CP.119/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA CRIME NO. 220/2007 OF KATTAPPANA POLICE SATION .................... PETITIONER: ACCUSED NO.3 ------------------------ BIBY SCARIA, AGED 37 YEARS, S/O.SCARIA ANCHANICKAL HOUSE, AYYAPPANKOVIL, KATTAPPANA IDUKKI DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KATTAPPANA POLICE STATION, IDUKKI DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1193 of 2008 = = = = = = = = = = = = = = Dated this the 4th day of April, 2008 ORDER The petitioner, who is the third accused in Crime No.220/2007 of Kattappana police station registered for an offence punishable under Section 55(a) of the Abkkari Act and now pending as C.P.No.119/2007, seeks to quash the proceedings before the Magistrate. The petitioner's main contention is that one Rarichan allegedly made as third accused has been deleted from the array of the accused during investigation and instead of him, the petitioner has been falsely arrayed as the third accused. 2. The learned Public Prosecutor submitted that Rarichan's name was supplied by the first accused when he was questioned during investigation and further investigation revealed that the statement of the first accused was false and Rarichan was not an accused in the offence. Under these circumstances, the proceedings against the petitioner cannot be quashed in a petition under Section 482 of the Code of Criminal Procedure. The petitioner has got an effective remedy to plead for a discharge before the Sessions Court during preliminary hearing under Section 227 Cr.P.C. Reserving this right of the petitioner to move the Sessions Court to plead for a discharge, this Crl.M.C.is dismissed. V. RAMKUMAR, JUDGE ks.