The court established that the procedural remedy of a discharge petition is a crucial step for addressing allegations in criminal proceedings.

O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.576/2022 on the file of Judicial First Class Magistrate Court – I, Ottapalam. The above case is charge sheeted against the petitioners alleging offences punishable under Section 420 r/w 34 of IPC .

2. After hearing the counsel for the petitioners for some time, I think the contention raised by the petitioners are to be raised before the trial court by filing a discharge petition. Therefore, the petitioners can be allowed to file a discharge petition before the court below if charge is not framed and there can be a direction to the trial court to consider the same within a time frame. The presence of the petitioners can be dispensed with till final orders are passed in the discharge petition.

Therefore, this Criminal Miscellaneous Case is disposed of with the following manner;

1. The petitioners are free to file a discharge petition before the Judicial First Class Magistrate Court – I, Ottapalam, within a period of 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 petitioners 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 petitioners shall not be insisted by the Magistrate, till final orders are passed in the discharge petition.

4. All the contentions raised by the petitioners in this Criminal Miscellaneous Case are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF CRL.MC 8227/2023 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION STATEMENT AND THE FIRST INFORMATION REPORT CRIME NO. 532/2022, OTTAPALAM POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO. 532/2022, OTTAPALAM POLICE STATION/ C.C. NO. 576/2022ON THE FILES OF JUDICIAL IST CLASS MAGISTRATE-1, OTTAPALAM ANNEXURE A3 TRUE COPY OF THE MEMORANDUM OF EVIDENCE/LIST OF WITNESSES IN CRIME NO. 532/2022 OF OTTAPALAM POLICE STATION ANNEXURE A4 TRUE COPY OF THE STATEMENT DATED

20/08/2022 OF MUHAMMED AREESH K. RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A5 TRUE COPY OF THE STATEMENT DATED

19/08/2022 OF SAJITH KUMAR RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A6 TRUE COPY OF THE STATEMENT DATED

20/08/2022 OF MUNASHIRA A. RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A7 TRUE COPY OF THE STATEMENT DATED

30/08/2022 OF KRISHNAPRIYA.

RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A8 TRUE COPY OF THE STATEMENT DATED

03/10/2022 OF AJITH KUMAR J.P. RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A9 TRUE COPY OF THE STATEMENT DATED

07/10/2022 OF REMTHEER. RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A10 TRUE COPY OF THE STATEMENT DATED

03/10/2022 OF MADHUSUDHANAN R. P. RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE ANNEXURE A11 TRUE COPY OF THE STATEMENT DATED

07/10/2022 OF ARPITHA RECORDED BY THE POLICE UNDER SECTION 161 OF THE CODE OF CRIMINAL PROCEEDURE RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE