IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4227 of 2010()
1. P.V.MATHEW @ MATHAI,AGED 75 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. SHAJI P.JOHN,AGED 41 YEARS,
For Petitioner :SRI.JACOB P.ALEX
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :18/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4227 OF 2010
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Dated 18th October, 2010
O R D E R
Petitioner, the second accused in
C.C.9/2010 on the file of Judicial First
Class Magistrate’s Court, Ranni taken
cognizance for the offence under Section
420 of Indian Penal Code filed this
petition, to quash the cognizance taken
against him contending that the offence
will not lie against the petitioner as
there is no material to establish the
offence.
2. On hearing the learned counsel,
I do not find it for this Court to quash
the cognizance taken as sought for, when
petitioner is entitled to raise all the
contentions before the learned Magistrate
Crmc 4227/10
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and seek an order of discharge under Section
239 of Code of Criminal Procedure. If the
grievance of the petitioner is that he is aged
75 years, as claimed by him and learned
Magistrate would insist for his presence for
getting an order of discharge under Section
239 of Code of Criminal Procedure, sufficient
direction could be given to the learned
Magistrate not to insist for the presence of
the petitioner for the limited purpose of
seeking an order of discharge under Section 239
of Code of Criminal Procedure.
Petition is disposed granting liberty to
the petitioner to raise all the contentions
raised herein and seek an order of discharge
under Section 239 of Code of Criminal
Procedure. If the petitioner files an
application under Section 205 of Code of
Crmc 4227/10
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Criminal Procedure, to dispense with his
presence for the purpose of filing a petition
under Section 239 of Code of Criminal Procedure
and its hearing, learned Magistrate not to
insist for the presence of the petitioner for
that limited purpose.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.