IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3241 of 2008()
1. MOHAMMED MUSALIYAR, AGED 73 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
2. KALLIVALAPPAN KHADIJA, AGED 47 YEARS,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/09/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3241 of 2008
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Dated this the 29th day of September 2008
O R D E R
The petitioner has come to this court with a prayer that
powers under Section 482 Cr.P.C may be invoked to quash the
proceedings against him. Cognizance has been taken on the basis
of a private complaint filed by the second respondent before the
learned Magistrate. The learned Magistrate, after following the
procedure established under law, has taken cognizance of the
offence alleged. The short contention raised is that the allegations
against the petitioner are false and incorrect. At this stage,
exercising jurisdiction under Section 482 Cr.P.C that disputed
question of fact cannot obviously be resolved by this court. The
learned counsel for the petitioner prays that, at any rate, it may be
made clear that the petitioner’s right/option to claim discharge at
the stage of Section 227 shall remain unfettered by the dismissal of
this Crl.M.C.
2. In the result, this Crl.M.C is dismissed. Needless to say,
the dismissal of this Crl.M.C will not, in any way, fetter the rights of
the petitioner to stake his claim for discharge under Section 227
Cr.P.C before the learned Sessions Judge.
(R.BASANT, JUDGE)
Crl.M.C.No. 2
jsr
Crl.M.C.No. 3
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008