IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4182 of 2009()
1. MR.VENU S/O. T.K. KRISHNAN, 51 YEARS,
... Petitioner
2. KARUNAKARAN, S/O. ITHA, 89 YEARS,
3. P.K. CHANDRABABU, S/O. KRISHNAN 55 YEARS
Vs
1. AGNES W/O. PHILIP, RESIDING AT
... Respondent
2. STATE OF KERALA REPRESENTED BY PUBLIC
For Petitioner :SRI.SREELAL N.WARRIER
For Respondent :SRI.JOSHI N.THOMAS
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/03/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
---------------------------
Crl.M.C. No. 4182 OF 2009
--------------------------
Dated this the 26th day of March, 2010
O R D E R
Petitioners are accused Nos. 1, 3 and 4 and first respondent
the defacto complainant in C.C. No.501 of 2009 on the file of
Judicial First Class Magistrate, Vaikkom. Petition is filed under
Section 482 of Code of Criminal Procedure to quash the cognizance
taken on Annexure-3 final report for the offences under Sections
415, 420, 209, 379 and 447 read with Section 34 of Indian penal
Code.
2. Learned counsel appearing for the petitioners and learned
Public Prosecutor were heard.
3. On hearing the learned counsel, I find that the case cannot
be quashed as sought for. It is for the petitioners to raise the
contentions before the learned Magistrate and seek an order of
discharge under Section 239 of Code of Criminal Procedure.
Learned counsel submitted that presence of the petitioners may be
dispensed with. If petitioners file an application under Section 205
of Code of Criminal Procedure, learned Magistrate not to insist for
the presence of the petitioners for the purpose of filing a petition
Crl.M.C.No.4182/09
2
under Section 239 of Code of Criminal Procedure or for hearing the
same.
Petition is disposed granting liberty to the petitioners to raise all
the contentions before the learned Magistrate and seek discharge
under Rule 239 of Code of Criminal Procedure.
M.SASIDHARAN NAMBIAR,
(JUDGE )
vps
Crl.M.C.No.4182/09
3