The court reaffirmed the necessity of utilizing procedural remedies in criminal proceedings before intervention by higher courts.

ORDER

This Crl.M.C is filed to quash the proceedings in C.C.No.1386 of 2018 on the file of the Judicial First Class Magistrate Court, Tirur, arising from Crime No.30 of 2018 of Valancherry Police Station. The above case is charge-sheeted alleging offences punishable under Sections 420 , 465, 468, read with Section 34 of the Indian Penal Code .

2. According to the petitioner, even if the entire allegations in the final report are accepted in toto, no offence is made out.

3. After hearing the counsel for the petitioner for some time, I am of the considered opinion that this Court need not interfere in the final report at this stage. This is a matter to be raised by the petitioner before the trial court by filing a discharge petition, if the charge is not framed. If such a discharge petition is filed, there can be a direction to the court below to consider the same within a time frame. 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, Tirur, within three weeks from the date of receipt of a stamped certified copy of this order, 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. All the contentions raised by the petitioner in this criminal miscellaneous case are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF CRL.MC 8729/2019 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT IN CMP NO 419/2018 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR ANNEXURE A2 CERTIFIED COPY OF THE FIR IN CRIME NO

30/2018 OF VALANCHERY POLICE STATION ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 1386/2018 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR ALONG WITH THE MEMORANDUM OF EVIDENCE.

ANNEXURE A4 A TRUE COPY OF THE ORDER OF THE DEO TIRUR DATED 16.12.2017 ANNEXURE A5 A TRUE COPY OF THE JUDGMENT IN WA NO

203/2018 DATED 23.1.2018 ANNEXURE A6 A TRUE COPY OF THE JUDGMENT IN WA NOS

1308/2018 AND 1420/2018 DATED 14.8.2019 ANNEXURE A7 A TRUE COPY OF THE JUDGMENT IN AS NO

7/1992 DATED 21.7.2008