V.Surendran vs K.Unnikrishnan on 9 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4819 of 2010()


1. V.SURENDRAN, S/O.APPU, SURALAKSHMI
                      ...  Petitioner
2. SIVADASAN, S/O.APPU, SASIRAM,
3. SARITH BABU, S/O.SURENDRAN,
4. SAJEESH BABU, S/O.SURENDRAN,

                        Vs



1. K.UNNIKRISHNAN, S/O.SANKARAN NAIR,
                       ...       Respondent

2. STATE OF KERALA, REP. BY SHO MEDICAL

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/12/2010

 O R D E R
               M.Sasidharan Nambiar, J.
              --------------------------
                Crl.M.C.No.4819 of 2010
              --------------------------

                         ORDER

Petitioners are the accused and first respondent,

the defacto complainant in C.C.No.448/2010 on the file

of Judicial First Class Magistrate’s Court,

Kunnamangalam, taken cognizance for the offences under

Sections 406 and 420 read with Section 34 of Indian

Penal Code on Annexure-A4 final report. This petition

is filed under Section 482 of Code of Criminal

Procedure to quash the proceedings contending that

ingredients of the offences are not attracted and it is

only a malicious prosecution manifestly instituted by

the first respondent to pressurise the petitioners.

2. Learned counsel appearing for the petitioners

and learned Public Prosecutor were heard.

3. Learned counsel appearing for the petitioners

submitted that petitioners have already appeared before

the learned Magistrate. On hearing the learned counsel,

I do not find it for this Court to scan the materials

and decide whether ingredients of the offences are

attracted, when petitioners could very well raise the

CRMC 4819/10 2

contentions before the learned Magistrate and seek an

order of discharge under Section 239 of Code of

Criminal Procedure.

Petition is disposed granting liberty to the

petitioners to raise all the contentions raised herein

and seek an order of discharge under Section 239 of

Code of Criminal Procedure. If petitioners file a

petition under Section 239 of Code of Criminal

Procedure, learned Magistrate shall hear the

petitioners and decide whether they are to be

discharged or charge is to be framed. If petitioners

file a petition to dispense with their presence for

that purpose, learned Magistrate shall not insist for

their presence for that limited purpose.

9th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv