IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 3258 of 2009() ------------------------- CC.228/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S)/ACCUSED: --------------- M.S.KUMAR, AGED 78 YEARS S/O.LAE P.SUBRAMONIAM, LAKSHANA, PAIPPINMOODU GOLF LINKS ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL SMT.R.RAMYA SRI.P.P.SHIBY RESPONDENT(S)/STATE & DE FACTO COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. MR.CHANTHIROOR VIJAYAN S/O.SHREEDHARA PANICKER, PARAMEL PADIKKAL KALARI CHANTHIROOR PO, CHERTHALA, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASOORYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3258 OF 2009 ------------------------------------------ Dated 9th October 2009 O R D E R Petitioner is the accused in C.C.228/2008 on the file of Judicial First Class Magistrate-I, Cherthala taken cognizance for the offence under Sections 406 and 420 of Indian Penal Code on the complaint filed by second respondent. This petition is filed under Section 482 of Code of Criminal Procedure contending that learned Judicial First Class Magistrate-I, Cherthala has no jurisdiction to try the case as entire cause of action has arisen within the territorial limits of Thiruvananthapuram. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel argued that as is clear from Annexures-A2 to A11, no transaction has taken place within the territorial jurisdiction of Judicial First Class Magistrate, Cherthala but at Thiruvananthapuram and therefore, learned Magistrate has no jurisdiction. CRMC 3258/09 2 4. Petitioner is entitled to raise this contention before the learned Magistrate and is also entitled to apply for discharge under Section 245 of Code of Criminal Procedure. 5. Learned counsel then submitted that presence of the petitioner may be dispensed for the purpose of filing an application to decide the jurisdiction of the learned Magistrate to try the case. If petitioner files application under Section 205 of Code of Criminal Procedure, learned Magistrate not to insist for the presence of the petitioner for the purpose of considering the question of jurisdiction or discharge under Section 245 of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.