High Court Kerala High Court

P.V.Surendran vs State Of Kerala on 4 February, 2011

Kerala High Court
P.V.Surendran vs State Of Kerala on 4 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 348 of 2011()


1. P.V.SURENDRAN, AGED 43 YEARS,
                      ...  Petitioner
2. P.V.RAVEENDRAN, S/O.VELAYUDHAN,
3. P.V.JAYAPRAKASH, S/O.VELAYUDHAN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. M.A.JOHNY, AGED 43 YEARS,

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :04/02/2011

 O R D E R
                    THOMAS P.JOSEPH, J.
             ====================================
                     Crl. M.C. No.348 of 2011
             ====================================
          Dated this the 04th   day of February,   2011


                            O R D E R

Petitioners are accused Nos.1 to 4 in C.C. No.476 of 2010 of

the court of learned Judicial First Class Magistrate, Chavakkad for

offences punishable under 465, 468, 471 and 420 read with

Section 34 of the Indian Penal Code. Prosecution case is that one

Murraleedharan subscribed to a Chitty in the name of his minor

daughter and later prized the same in the auction. Respondent

No.2 was a surety to that transaction and he signed the Kuri

agreement. Muraleedharan handed over certain blank cheques,

signed blank papers and blank stamp papers to respondent No.2.

It is the case of petitioners that the said documents were forged.

Learned counsel submitted that it is a case where the learned

Magistrate has taken cognizance merely on the sworn statement

of respondent No.2 and that even the alleged forged documents

are not produced before court. Learned counsel therefore argued

that it is a fit case where complaint and cognizance against

petitioners are to be quashed.

2. Petitioners have a remedy under Section 245(1) or (2)

of the Code of Criminal Procedure to plead discharge in the trial

CRL.M.C. No. 348 of 2011
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court. In such a situation there is no reason why this Court should

interfere under Sec.482 of the Code of Criminal Procedure (for

short, “the Code”).

3. Learned counsel requested that petitioners may be

permitted to plead for discharge appearing through counsel. That

is a matter which the learned Magistrate has to decide if

appropriate application stating reasons is filed before the learned

Magistrate. If any such application is preferred learned Magistrate

shall consider that application and pass appropriate orders as

circumstances warranted.

Resultantly, this Criminal Miscellaneous Case is closed

without prejudice to right of petitioners to plead discharge under

Section 245(1) or (2) of the Code.

THOMAS P. JOSEPH, JUDGE.

vsv