Muhsina Binth Mhammed Habeeb vs State Of Kerala
2023 Latest Caselaw 10997 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                     CRL.MC NO. 8724 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 225/2022 OF JMFC - VIII, ERNAKULAM
                             (TEMPORARY)
PETITIONER(S)/1ST ACCUSED:

          MUHSINA BINTH MHAMMED HABEEB
          AGED 33 YEARS
          D/O MHAMMED HABEEB, KALLUNKAL HOUSE, HOUSE NO.12/196,
          VELLANKALLOOR, VADAKKUMKARA VILLAGE, MUKUNDAPURAM
          TALUK, THRISSUR DISTRICT, PIN - 680662
          BY ADV. LATHEESH SEBASTIAN


RESPONDENT(S)/STATE & COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
    2     STATION HOUSE OFFICER
          KADAVANTHARA POLICE STATION, ERNAKULAM, PIN - 682020
    3     EBIN.M.LUKOSE
          AGED 28 YEARS
          S/O MONACHAN, EBIN BHAVAN, NEAR AGRICULTURAL OFFICE,
          VETTIKKAVALA ROAD, SADANANDAPURAM, VETTIKKAVALA
          VILLAGE, KOTTARAKKARA,KOLLAM DISTRICT, PIN - 691531
          BY ADV.
          SRI. HRITHWIK C.S., PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.8724 of 2023


                              2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
               Crl.M.C.No.8724 of 2023
      ----------------------------------------------
      Dated this the 26th day of October, 2023


                           ORDER

This Criminal Miscellaneous Case is filed to quash

the proceedings in C.C.No.225/2022 on the file of the

Judicial First Class Magistrate Court-VIII, Ernakulam

(Temporary) arising from Crime No.824/2021 of

Kadavanthara Police Station. Petitioner is the 1st

accused in the above case. The above case is charge-

sheeted alleging offences punishable under Section

406, 420 r/w 34 IPC.

2. After hearing both sides, I am of the

considered opinion that the contentions raised by the

petitioner should be raised before the trial court by Crl.M.C.No.8724 of 2023

filing a discharge petition. Counsel for the petitioner

submitted that the petitioner is not in station and the

learned Magistrate may insist for the presence of the

petitioner for considering the discharge petition.

Therefore, the petitioner can be allowed to file a

discharge petition before the court below if charge is

not framed and there can be a direction to consider the

same within three weeks from today. The discharge

petition can be argued through a lawyer engaged by

the petitioner before the Magistrate court. The

presence of the petitioner can be dispensed with till

final orders are passed in the discharge petition.

Therefore, this Criminal Miscellaneous Case is

disposed of in the following manner:

1. The petitioner is free to file a discharge

petition before the Judicial First Class

Magistrate Court-VIII, Ernakulam Crl.M.C.No.8724 of 2023

(Temporary) within three weeks from today,

if charge is not framed.

2. Once such a discharge petition is received,

the Magistrate will consider the same and

pass appropriate orders in it, after giving an

opportunity of hearing to the petitioner and

the Prosecutor concerned, within a period of

six weeks from the date of receipt of the

discharge petition.

3. If a discharge petition is filed as directed

above, the presence of the petitioner shall

not be insisted by the Magistrate, till final

orders are passed in the discharge petition.

4. If a discharge petition is filed as directed

above, coercive steps against the petitioner

shall be deferred till the discharge petition is

disposed of.

Crl.M.C.No.8724 of 2023

5. All the contentions raised by the petitioner in

this criminal miscellaneous case are left

open.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.8724 of 2023

APPENDIX OF CRL.MC 8724/2023

PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 824/2021 OF KADAVANTHARA POLICE STATION ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE STATEMENT OF THE WITNESS IN CRIME NO.824/2021 OF KADAVANTHARA POLICE STATION

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE