IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4306 of 2010() ------------------------------------ CRIME NO.154/2009 OF KURATHIKADU POLICE STATION. .................. PETITIONER/2ND ACCUSED: ------------------------------------------ VIPIN DAS, AGED 23 YEARS, S/O.SIVADASAN, V.V.HOUSE, PONNEZHA MURI, MAVELIKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIVARAJAN, PARAVEETTIL PUTHEN VEEDU, MANJADITHARA, BHARANIKAVU VILLAGE, MAVELIKARA. R1 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4306 OF 2010 =========================== Dated this the 1st day of November,2010 ORDER Petitioner is the second accused in C.C.536/2009 on the file of Judicial First Class Magistrate Court-I, Mavelikkara taken cognizance for the offences under sections 447, 324 and 506(ii) read with section 34 of Indian Penal Code. According to petitioner, as he was not in India, first accused alone was tried by the learned Magistrate and when Pws. 1 and 2 were examined, as is clear from Annexure A2 and A3 copies of the depositions, they did not support the prosecution case and in such circumstances, no purpose will be served by directing the petitioner to undergo the ordeal of a trial and it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were Crl.M.C.4306/2010 2 heard. 3. Though Pws. 1 and 2, when examined in C.C.536/2009 did not support the prosecution case, the injured is yet to be examined. Hence based on the deposition of Pws. 1 and 2, the case cannot be quashed as sought for. Learned counsel appearing for the petitioner then submitted that charge against the petitioner was not framed and petitioner may be permitted to seek an order of discharge before the learned Magistrate raising all the contentions raised herein. Petition is disposed of granting liberty to the petitioner to seek an order of discharge under section 239 of Code of Criminal Procedure, if charge is not framed as against him, raising all the contentions raised herein. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006