IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1304 of 2010()
1. PONNACHAN JOHN, S/O.VARGHESE JOHN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. ANJU, AGED 29 YEARS,
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.1304 of 2010
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ORDER
Petitioner, the accused in C.C.No.723/2009 on
the file of Judicial First Class Magistrate’s
Court, Adoor, taken cognizance for the offence
under Section 354 of Indian Penal Code on Annexure-
2 final report, filed this petition under Section
482 of Code of Criminal Procedure to quash the
proceedings contending that there was only a wordy
altercation between the petitioner and second
respondent and it was subsequently settled and
later, at the instance of the second respondent,
proceedings were initiated and there is no
substance in the allegations and in such
circumstances, the case is to be quashed.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard. Though
notice was served on the second respondent, she did
not appear.
CRMC 1304/10 2
3. On hearing the learned counsel appearing for
the petitioner and on going through the records, I
am not inclined to quash the proceedings as sought
for when petitioner is entitled to seek an order of
discharge from the learned Magistrate under Section
239 of Code of Criminal Procedure.
With liberty to raise all the contentions
raised herein and seek an order of discharge from
the learned Magistrate, this petition is disposed.
Petitioner is at liberty to file an application
under Section 205 of Code of Criminal Procedure to
dispense with his presence for the purpose of
seeking an order of discharge and if such an
application is filed, learned Magistrate not to
insist for the presence of the petitioner.
13th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv