High Court Kerala High Court

Beena Shabeer vs Sub Inspector Of Police on 13 November, 2009

Kerala High Court
Beena Shabeer vs Sub Inspector Of Police on 13 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2123 of 2009()


1. BEENA SHABEER, T.C.3/251,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/11/2009

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No.2123     OF 2009
          ===========================

    Dated this the 13th day of November,2009

                     ORDER

Petitioner is the accused in C.C.743/2001

on the file of Judicial First Class Magistrate

Court, III, Thiruvananthapuram taken cognizance

for the offence under sections 405,406, 415 and

420 of Indian Penal Code on Annexure I final

report. The crime was registered based on the

complaint filed by the third respondent the de

facto complainant. Petition is filed under

section 482 of Code of Criminal Procedure to

quash the proceedings contending that the

allegations raised do not attract an offence

under section 405 or 406 of Indian Penal Code.

2. Learned counsel appearing for the

petitioner and the learned Public Prosecutor

were heard.

3. On hearing the learned counsel, I do

Crl.M.C.2123/2009 2

not find any ground to quash the proceedings as

sought for. Petitioner is at liberty to raise all

the contentions raised, herein before the learned

Magistrate and seek an order of discharge under

section 239 of Code of Criminal Procedure. Learned

counsel appearing for the petitioner then submitted

that presence of the petitioner may be dispensed

with. It is for the petitioner to file an

application under section 205 of Code of Criminal

procedure, before the learned Magistrate. If such

an application is filed, learned Magistrate to pass

appropriate orders in accordance with law.

Petition is disposed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006