IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2123 of 2009()
1. BEENA SHABEER, T.C.3/251,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.2123 OF 2009
===========================
Dated this the 13th day of November,2009
ORDER
Petitioner is the accused in C.C.743/2001
on the file of Judicial First Class Magistrate
Court, III, Thiruvananthapuram taken cognizance
for the offence under sections 405,406, 415 and
420 of Indian Penal Code on Annexure I final
report. The crime was registered based on the
complaint filed by the third respondent the de
facto complainant. Petition is filed under
section 482 of Code of Criminal Procedure to
quash the proceedings contending that the
allegations raised do not attract an offence
under section 405 or 406 of Indian Penal Code.
2. Learned counsel appearing for the
petitioner and the learned Public Prosecutor
were heard.
3. On hearing the learned counsel, I do
Crl.M.C.2123/2009 2
not find any ground to quash the proceedings as
sought for. Petitioner is at liberty to raise all
the contentions raised, herein before the learned
Magistrate and seek an order of discharge under
section 239 of Code of Criminal Procedure. Learned
counsel appearing for the petitioner then submitted
that presence of the petitioner may be dispensed
with. It is for the petitioner to file an
application under section 205 of Code of Criminal
procedure, before the learned Magistrate. If such
an application is filed, learned Magistrate to pass
appropriate orders in accordance with law.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006