IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 5038 of 2010 --------------------------------------- ST.3180/2008 of JFCM-I, MUVATTUPUZHA .................... PETITIONER/ACCUSED: LUSY MATHEW, THANIKUNNEL HOUSE, KALLOORKKADU KARA, VAZHAKKULAM. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS/COMPLAINANT & STATE: 1. V.I.BABY, S/O.ITTANPILLAI, VATTAKKATTU HOUSE, MARADY VILLAGE, SOUTH MARADY KARA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5038 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-B order passed by Judicial First Class Magistrate-I, Muvattupuzha in Annexure-A petition filed under Section 205 of Code of Criminal Procedure in S.T.No.3180/2008. 2. Learned counsel appearing for the petitioner was heard. 3. On going through Annexure-A petition, which was dismissed by Annexure-B order, I find that necessary ingredients to grant exemption as provided under Section 205 of Code of Criminal Procedure are not pleaded. In such circumstances, I find no reason to interfere with Annexure-B order. Learned counsel appearing for the petitioner then submitted that petitioner may be permitted to file a proper petition. If petitioner files a proper CRMC 5038/10 2 petition, learned Magistrate has to consider the same and pass appropriate order in accordance with law. Petition is disposed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv