IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Crl.MC.No. 2376 of 2009() ------------------------------------ CC.92/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA CRIME NO.106/2007 OF KATTOOR POLICE STATION .................... PETITIONERS/ACCUSED 6,7 & 8 --------------------------------------------- 1. VANAJA, W/O.PRASIDHAN, MULANGADAN HOUSE, KATTOOR, KATTOOR VILLAGE, THRISSUR DISTRICT. 2. PRASEEJA, W/O.SANDEEP, KUTTIKKATTIL HOUSE, EDAKKULAM, POOMANGALAM VILLAGE, THRISSUR DISTRICT. 3. PRAMEEJA, W/O.PRASIDHAN, MULANGADAN HOUSE, KATTOOR, KATTOOR VILLAGE, THRISSUR DISTRICT. BY ADV. MR.M.N.UNNIKRISHNAN MR.JAMSHEED HAFIZ RESPONDENTS/STATE & DEFACTO COMPLAINANT -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THANKAM, D/O.AMMUKUTTY AMMA, VADASSERY HOUSE, VELLANI DESOM, KARALAM VILLAGE, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2376 of 2009 -------------------------- ORDER Petitioners are accused 6 to 8 in C.C.No.92/2009 on the file of Judicial first Class Magistrate's Court, Irinjalakuda. Prosecution case is that accused 2 to 8 were partners of Aiswarya Enterprises, Kattoor, run by the first accused and they collected Rs.66,000/- from first witness, Rs.1,72,256/- from fourth witness, Rs.25,000/- from fifth witness, Rupees One lakh from sixth witness, Rs.75,000/- from seventh witness as deposit and repaid only Rs.10,000/- to first witness, Rs.7,500/- to fourth witness and Rs.1,000/- to fifth witness and the amounts were collected promising to return in instalments and without repaying the amounts, the accused closed the Enterprises and thereby cheated the depositors and committed offence under Section 420 read with Section 34 of Indian Penal Code. Case was registered under Annexure-1 FIR and after investigation, laid Annexure-2 charge, which was taken cognizance by the Magistrate. This petition is filed CRMC 2376/09 2 under Section 482 of Code of Criminal Procedure to quash the proceedings contending that petitioners have nothing to do with the offence as they were not shown as accused at the time when the case was registered under Annexure-1 FIR and there is no specific allegation against the petitioners and second petitioner is residing with her husband at Madhya Pradesh and third petitioner was a minor when the case was registered and in such circumstances, continuation of the proceedings as against them is only an abuse of process of the court. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. The fact that when the case was registered petitioners were not shown as one among the accused, is not a ground to quash the proceedings. On hearing the learned counsel, I do not find it just and proper for this Court to invoke the extraordinary inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure to quash the proceedings, when petitioners are entitled to seek an order of discharge from the Magistrate under Section 239 of Code of CRMC 2376/09 3 Criminal Procedure. The question to be decided is whether materials relied on by the prosecution under Annexure-2 charge, prima facie, support the allegations raised against the petitioners. It cannot be decided in this petition. Petitioners are entitled to file an application for discharge under Section 239 of Code of Criminal Procedure and raise all the contentions before the Magistrate. Petitioners are also entitled to file an application for dispensing with their presence for the purpose of filing the application as well as for hearing the application. Petition is disposed. 10th August, 2009 (M.Sasidharan Nambiar, Judge) tkv