IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4223 of 2010()
1. JAISON MATHEW, S/O.MATHEW, MAVEKUDY
... Petitioner
2. RANJITH, S/O.GOPI, SHASTA BHAVAN,
Vs
1. STATE OF KERALA,
... Respondent
2. PETER, S/O.MATHAN PAILY,
For Petitioner :SMT.S.KARTHIKA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/11/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.4223 OF 2010
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Dated this the 16th day of November, 2010.
O R D E R
Petitioners are accused three and four in C.C.No.73 of 2008
on the file of Judicial First Class Magistrate, Kothamangalam,
taken cognizance for the offence under section 420 r/w Section
34 of Indian Penal Code. Petition is filed under Section 482 of
Code of Criminal Procedure to quash the proceedings against the
petitioners contending that the FI statement does not disclose
any allegation against the petitioners and petitioners were
incorporated as accused only in 2007 and the materials produced
before the learned Magistrate do not establish the case alleged
against the petitioners and, therefore, it is to be quashed.
2. When questioned the learned counsel submitted that
charge has already been framed by the learned Magistrate and
the case is posted for recording evidence. Petitioners did not file
a petition before the learned Magistrate for discharge under
Sections 239 of code of Criminal procedure. They also did not
challenge the order framing charge.
On hearing the learned counsel, I do not find it proper for
this Court to appreciate the evidence and decide whether there is
Crl.M.C No.4223 OF 2010 2
any acceptable evidence against the petitioner as sought for. It is
for the learned Magistrate to consider. Petitioners are entitled to
raise all the contentions raised herein before the learned
Magistrate during trial. Petition is disposed.
M.SASIDHARAN NAMBIAR, JUDGE.
mns