High Court Kerala High Court

Omana Rajagopal vs State Of Kerala on 17 February, 2010

Kerala High Court
Omana Rajagopal vs State Of Kerala on 17 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4252 of 2009()


1. OMANA RAJAGOPAL, W/O.RAJAGOPAL,
                      ...  Petitioner
2. MANOJ RAJAGOPAL, A12,
3. POORNIMA MANOJ, A12,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :17/02/2010

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.4252 of 2009
            --------------------------

                       ORDER

Petitioners are the accused in C.C.No.3162/2008

on the file of Judicial First Class Magistrate’s

Court, Irinjalakuda, taken cognizance for the

offences under Sections 406, 417, 420, 120B and 109

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-1 final report contending that ingredients

of the offences are not attracted.

2. Learned counsel appearing for the

petitioners and learned Public Prosecutor were

heard.

3. On hearing the learned counsel and on going

through Annexure-1 final report, I cannot agree

with the submission of the learned counsel that

ingredients of the offences are not attracted.

Hence, the case cannot be quashed as sought for.

CRMC 4252/09 2

Petitioners are at liberty to seek an order of

discharge under Section 239 of Code of Criminal

Procedure. Learned counsel then submitted that

first petitioner is laid up and she is not in a

position to appear before the court and she be

exempted from personal appearance. It is up to the

first petitioner to apply before the learned

Magistrate for exemption as provided under Section

205 of Code of Criminal Procedure. If such an

application is filed, learned Magistrate not to

insist for the presence of the first petitioner for

the purpose of hearing the question of discharge.

Petition is disposed.

17th February, 2010 (M.Sasidharan Nambiar, Judge)
tkv