Gafoor vs V.P.Khader on 25 August, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1879 of 2006(D)


1. GAFOOR, S/O.BAPPUKUTTY,
                      ...  Petitioner

                        Vs



1. V.P.KHADER, S/O.MUHAMMED KUTTY,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.C.K.SAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :25/08/2006

 O R D E R
                                      K.R. UDAYABHANU, J
                                       ----------------------------
                                 CRL.MC. 1879  OF 2006
                                       ----------------------------


                      Dated this the  25th day of August, 2006


                                                 ORDER

Petitioner who is the 2nd accused in C.C.No. 366/2003 in the file of JFCM

Court, Parappanangadi with respect to the offences under section 420 r/w 34

I.P.C. has sought for getting proceedings quashed on the ground that

ingredients of the offence under section 420 has not been made out.

2. The application was opposed.

3. At the time of hearing it was suggested and agreed to that that the

contention in this regard can be raised by the petitioner/accused before the court

below on filing of discharge petition.

4. In the circumstances the petitioner is directed to raise the above

contentions before the court below at the appropriate time and the court shall

consider the same.

Crl.M.C. is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

RV/