IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2587 of 2009()
1. KAITHAVALAPPIL HAREENDRAN,
... Petitioner
2. SREELATHA P., NAMBRAN HOUSE,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/08/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2587 of 2009
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ORDER
Petitioners are the accused in C.C.No.100/2007 on
the file of Judicial First Class Magistrate’s Court-I,
Kannur. Prosecution case is that they committed
offences under Sections 468, 472 and 420 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 by the Magistrate contending
that ingredients of the offences are not made out.
2. On hearing the learned counsel and learned
Public Prosecutor, I do not find any reason to exercise
the extraordinary inherent jurisdiction of this Court
under Section 482 of Code of Criminal Procedure to
quash the cognizance taken. Though petitioners had an
opportunity to seek an order of discharge under Section
239 of Code of Criminal Procedure, they did not claim
discharge and charge was framed. Petitioners are
entitled to raise all the contentions raised herein
before the learned Magistrate at the time of trial.
With that liberty, petition is dismissed.
25th August, 2009 (M.Sasidharan Nambiar, Judge)
tkv