IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3773 of 2008()
1. VASUDEVAN NAIR, S/O.KONI NAIR
... Petitioner
2. R.INDRANI AMMA
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. CHANDRA, W/O.LATE JOSHWA SAMUEL, BEENA
For Petitioner :SRI.R.V.SREEJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :28/10/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3773 of 2008
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Dated this the 28th day of October 2008
O R D E R
The petitioners have come to this court with the prayer that
the F.I.R registered against them on the basis of a private
complaint filed before the learned Magistrate and referred to the
police under Section 156(3) Cr.P.C may be quashed.
2. The learned Public Prosecutor, after taking
instructions, submits that the final report has already been filed
and the prosecution is pending before the learned J.F.C.M-I,
Neyyattinkara as C.C.No.374/2008.
3. The petitioner advances the twin contentions that the
claim is barred by limitation and that, at any rate, it is only a
claim which is civil in nature and that there is nothing to attract
the offence under Section 420 read with 34 I.P.C.
4. In the light of the subsequent developments that have
taken place, I am satisfied that no further directions are
necessary in this Crl.M.C to quash the F.I.R. But I take note of
the submission by the learned counsel for the petitioners and
direct that the petitioners – spouses shall be permitted by the
Crl.M.C.No.3773/08 2
learned Magistrate to appear through counsel in
C.C.No.374/2008 and advance their plea for discharge.
Expeditious order shall be passed on such plea for discharge
after the petitioners advance their plea through their counsel.
Personal presence of the petitioners shall be insisted by the
learned Magistrate only if the learned Magistrate comes to the
conclusion that charges are liable to be framed against the
petitioners. Till then, they shall be permitted to be represented
by their counsel.
5. With the above observations, this Crl.M.C is
dismissed.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.3773/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008