IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4252 of 2009()
1. OMANA RAJAGOPAL, W/O.RAJAGOPAL,
... Petitioner
2. MANOJ RAJAGOPAL, A12,
3. POORNIMA MANOJ, A12,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/02/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4252 of 2009
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ORDER
Petitioners are the accused in C.C.No.3162/2008
on the file of Judicial First Class Magistrate’s
Court, Irinjalakuda, taken cognizance for the
offences under Sections 406, 417, 420, 120B and 109
read with Section 34 of Indian Penal Code. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the cognizance taken on
Annexure-1 final report contending that ingredients
of the offences are not attracted.
2. Learned counsel appearing for the
petitioners and learned Public Prosecutor were
heard.
3. On hearing the learned counsel and on going
through Annexure-1 final report, I cannot agree
with the submission of the learned counsel that
ingredients of the offences are not attracted.
Hence, the case cannot be quashed as sought for.
CRMC 4252/09 2
Petitioners are at liberty to seek an order of
discharge under Section 239 of Code of Criminal
Procedure. Learned counsel then submitted that
first petitioner is laid up and she is not in a
position to appear before the court and she be
exempted from personal appearance. It is up to the
first petitioner to apply before the learned
Magistrate for exemption as provided under Section
205 of Code of Criminal Procedure. If such an
application is filed, learned Magistrate not to
insist for the presence of the first petitioner for
the purpose of hearing the question of discharge.
Petition is disposed.
17th February, 2010 (M.Sasidharan Nambiar, Judge)
tkv