High Court Kerala High Court

A.P.Rasheed vs State Of Kerala on 14 October, 2009

Kerala High Court
A.P.Rasheed vs State Of Kerala on 14 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2728 of 2009()


1. A.P.RASHEED,
                      ...  Petitioner
2. M.ABDULLA, S/O.MOHAMMED,
3. KHALID.A.P,.S/O.A.P.ABOOBACKER,

                        Vs



1. STATE OF KERALA, REP,.BY THE PUBLIC
                       ...       Respondent

2. T.P.HAMZA, SALBIL MAHAL, PERIYOT,

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :14/10/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
               CRL.M.C.NO.2728 OF 2009
              ------------------------------------------

              Dated      14th      October 2009


                           O R D E R

Petitioners are accused in C.C.1208/2008 on

the file of Judicial First Class Magistrate-I, Hosdurg

taken cognizance for the offence under Section 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 on

Annexure-VIII final report.

2. Learned counsel appearing for the

petitioners and learned Public Prosecutor were heard.

3. On hearing the learned counsel, when it

is pointed out that petitioners can raise all the

contention raised herein before the learned

Magistrate and seek an order of discharge, learned

counsel appearing for the petitioners submitted that

they have already filed a petition for discharge

before the learned Magistrate. In such circumstances,

petition is disposed granting liberty to the

petitioners to raise all the contentions raised

CRMC 2728/09
2

herein before the learned Magistrate and seek an

order of discharge.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.