ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.1208/2018 on the file of the Judicial First Class Magistrate Court-I, Thodupuzha arising from Crime No.176/2018 of Kaliyar Police Station. The offences alleged are under 452, 294(b), 323, 354 and 506(i) r/w 34 of the Indian Penal Code .

2. The petitioner is the 3rd accused. According to the petitioner, even if the entire allegations are accepted, there is no specific overt act attributed against the petitioner, who is the 3rd accused. Therefore, it is submitted that the prosecution against the petitioner is unsustainable.

3. The Public Prosecutor submitted that the contentions raised by the petitioner are all matter of evidence and this Court may not interfere with the case invoking the powers under Section 482 Cr.P.C.

4. After hearing both sides, I am of the considered opinion that the contentions raised by the petitioner in this Criminal Miscellaneous Case can be raised before the trial court by filing a discharge petition and if such a petition is filed, there can be a direction to the learned Magistrate to dispense with the presence of the petitioner till discharge petition is considered.

Therefor