High Court Kerala High Court

Mohammed Musaliyar vs State Of Kerala on 29 September, 2008

Kerala High Court
Mohammed Musaliyar vs State Of Kerala on 29 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3241 of 2008()


1. MOHAMMED MUSALIYAR, AGED 73 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY PUBLIC
                       ...       Respondent

2. KALLIVALAPPAN KHADIJA, AGED 47 YEARS,

                For Petitioner  :SRI.BECHU KURIAN THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :29/09/2008

 O R D E R
                             R.BASANT, J.
                          ----------------------
                       Crl.M.C.No.3241 of 2008
                      ----------------------------------------
            Dated this the 29th day of September 2008

                                 O R D E R

The petitioner has come to this court with a prayer that

powers under Section 482 Cr.P.C may be invoked to quash the

proceedings against him. Cognizance has been taken on the basis

of a private complaint filed by the second respondent before the

learned Magistrate. The learned Magistrate, after following the

procedure established under law, has taken cognizance of the

offence alleged. The short contention raised is that the allegations

against the petitioner are false and incorrect. At this stage,

exercising jurisdiction under Section 482 Cr.P.C that disputed

question of fact cannot obviously be resolved by this court. The

learned counsel for the petitioner prays that, at any rate, it may be

made clear that the petitioner’s right/option to claim discharge at

the stage of Section 227 shall remain unfettered by the dismissal of

this Crl.M.C.

2. In the result, this Crl.M.C is dismissed. Needless to say,

the dismissal of this Crl.M.C will not, in any way, fetter the rights of

the petitioner to stake his claim for discharge under Section 227

Cr.P.C before the learned Sessions Judge.

(R.BASANT, JUDGE)

Crl.M.C.No. 2

jsr

Crl.M.C.No. 3

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008