The court has the discretion to allow a discharge petition to be filed and considered without the presence of the petitioners.

Headnote:
Fact of the Case:

The petitioners filed a Criminal Miscellaneous Case to quash the proceedings in C.C. No.1855/2020, alleging that even if the allegations were accepted, no offense was made out.
Finding of the Court:

The court directed the petitioners to file a discharge petition before the trial court within three weeks, which would be considered expeditiously.
Issues: Whether the petitioners could raise their contentions before the trial court by filing a discharge petition.
Ratio Decidendi: The court held that the petitioners could raise their contentions before the trial court by filing a discharge petition, and that the trial court would consider the petition without insisting on the presence of the petitioners.
Final Decision: The Criminal Miscellaneous Case was disposed of with directions to the petitioners to file a discharge petition within three weeks, and for the trial court to consider the petition expeditiously.

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.1855/2020 on the file of Judicial First Class Magistrate Court (Temporary), Njarakkal arising from Crime No.706/2019 of Njarakkal Police Station. The above case is charge sheeted alleging offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code. The case of the petitioners is that even if the entire allegations are accepted, no offence is made out.

2. After hearing the counsel for the petitioners in length, I am of the considered opinion that the petitioners have to raise their contentions before the trial court by filing a discharge petition because the Calendar Case was registered in the year 2020. If such a petition is filed, the trial court will consider the same, if the charge is not framed, without insisting the presence of the petitioners.

Therefore, the Criminal Miscellaneous Case is disposed of with the following directions:- i) The petitioners are free to file a discharge petition before the Judicial First Class Magistrate Court (Temporary), Njarakkal within three weeks from today.

ii) If such a petition is received, the trial court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the Prosecutor concerned, as expeditiously as possible, at any rate, within seven weeks from the date of receipt of the petition.

iii) If the discharge petition is filed as directed above, the learned Magistrate shall not insist the presence of the petitioners till final orders are passed in the discharge petition and the petitioners are free to agitate the case through their lawyer.

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