IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4859 of 2010()
1. AJITHA AYYAR, W/O. BALAKRISHNA AYYAR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. SASI, S/O. RAGHAVAN,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/12/2010
O R D E R
M. SASIDHARAN NAMBIAR, J.
-----------------------------------------------
Criminal M.C. No. 4859 of 2010
------------------------------------------------
Dated this the 13th day of December, 2010
ORDER
Petitioner, the second accused in C.C.No. 315/10 on
the file of Judicial First Class Magistrate Court-1,
Mavelikkara filed this petition under Section 482 of the
Code of Criminal Procedure to quash the cognisance taken
against him on Annexure-4. Accused 1 and 3 had earlier
approached this Court by filing Crl.M.C.No. 4524/10
seeking the same relief. By Annexure-A7 order , they were
permitted to seek an order of discharge before the learned
Magistrate raising all the contentions raised here in. They
were also permitted to file a petition to dispense with their
presence.
The petition is disposed granting liberty to the
petitioner to raise all the contentions raised here in, to seek
an order of discharge under Section 245(1) of Code of
Criminal Procedure. If petitioner files an application,
learned Magistrate, not to insist for presence of the
Criminal M.C. No. 4859 of 2010
2
petitioner for the purpose of considering the question of
discharge under Section 245(1) of Code of Criminal
Procedure.
M. SASIDHARAN NAMBIAR,
JUDGE.
rkc
//True Copy//
PA to Judge.