The court emphasized the importance of allowing the accused to raise defenses through a discharge petition rather than quashing proceedings without consideration.

Headnote:
Quash - Criminal Proceedings - Indian Penal Code Sections - The court determined that the petitioner, as the 3rd accused, could raise contentions regarding the lack of specific overt acts attributed to him through a discharge petition in the trial court.
Fact of the Case:

The petitioner, the 3rd accused in a criminal case, sought to quash proceedings against him, arguing that no specific overt act was attributed to him in the allegations of various IPC offenses.
Finding of the Court:

The court found that the petitioner's contentions could be addressed in a discharge petition before the trial court, rather than quashing the proceedings outright.
Issues: Whether the proceedings against the petitioner can be quashed due to lack of specific allegations against him.
Ratio Decidendi: The court held that the petitioner should file a discharge petition to address his concerns, allowing the trial court to consider the merits of the case.
Final Decision: The Criminal Miscellaneous Case is disposed of with directions for the petitioner to file a discharge petition.

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.

Therefore this Crl.M.C is disposed of with the following directions:

(a) The petitioner is free to file discharge petition before the trial court raising all the contentions raised in this Crl.M.C within 30 days from the date of receipt of a stamped certified copy of this order, if charge is not framed.

(b) Once such a discharge petition is received, the learned Magistrate will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the prosecutor concerned as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the discharge petition.

(c) If such a discharge petition is filed as directed above, the learned Magistrate will not insist the personal appearance of the petitioner till discharge petition is considered.

(d) All the contentions raised by the petitioner in this Crl.M.C are left open and the petitioner is free to agitate the same before the trial court.

(e) The Registry will forward a copy of this order to the trial court, forthwith.

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