IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3626 of 2011() -------------------------------------- CC.NO. 231/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM CRIME NO.549/2009 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER(S)/ACCUSED --------------------------------------- 1. A.M. JAIYA PRAPHAUKAR,S/O.K MANI 8-B, VINAYAKAR COIL STREET,NAGARCOIL, KANYAKUMARI DISTRICT, TAMIL NADU (PRESIDENT, CANCER CONTROL & AWARENESS SOCIETY, 18-1, THILAGAR STREET, NAGERCOIL 629 001.) 2. R.KANTHAPPAN @ JAYAPRAKASH, S/O.P. RAMANATHAN, 13/3-F, EDWART STREET, MEDICAL COLLGE ROAD, NAGARCOIL,KANYAKUMARI DISTRICT, (PROJECT DIRECTOR, CANCER CONTROL & AWARENESS SOCIETY,18-1,THILAGAR STREET, NAGERCOIL 629 001.) BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE ADV.SMT.SARITHA DAVID CHUNKATH SMT.SMITHA GEORGE RESPONDENT(S)/ STATE & COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.PIN- 682 031. 2. THE STATION HOUSE OFFICER KARAMANA POLICE STATION, THIRUVANANTHAPURAM.PIN- 695 002. R1 & R2 BY PUBLIC PROSECUTOR SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3626/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE FIRST INFORMATION REPORT REGISTERED AGAINST THE PETITIONERS IN CC NO.231 OF 2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM. ANNEX B COPY OF THE LIST OF OFFICE BEARERS OF THE CANCER CONTROL & AWARENESS SOCIETY. ANNEX C COPY OF THE AUDITOR'S REPORT DATED 25/8/10 BY THE LOUIS & COMPANY FOR THE YEAR ENDED 31/3/2010. ANNEX D COPY OF THE NOTIFICATION DATED NIL IN RESPECT OF THE ESSAY COMPETITION BY THE CANCER CONTROL & AWARENESS SOCIETY. ANNEX E COPY OF THE FINAL REPORT IN CC NO.231 OF 2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, SOCIETY. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/] P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3626 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioners are the accused in CC No.231 of 2010 on the file of JFCM Court-I, Thiruvananthapuram. The offences alleged against them are under Sections 468, 471 and 420 read with 34 IPC. The charge sheet has already been filed by the investigating officer. The learned counsel submits that the petitioners have not committed forgery nor had they created any document for the purpose of cheating. The learned counsel submits that the petitioners have only arranged or organised a 'cancer awareness programme'. As final report has already been filed, the petitioners can file a petition before the learned Magistrate for an order of discharge if they are so advised. The request made by the learned counsel that the personal attendance of the accused may be ordered to be dispensed with also cannot be entertained by this court. It is open to the petitioners to move the learned Magistrate for appropriate reliefs. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. srd 2 3