The court established the procedure for filing a discharge petition under IPC and emphasized the importance of timely consideration by the trial court.

ORDER

The petitioners are the accused in C.C.No.268/2023 on the files of the Chief Judicial Magistrate Court, Thodupuzha arising from Crime No.1775/2021 of Thodupuzha Police Station. The above case is charge sheeted against the petitioners alleging offences punishable under Sections 406 and 420 r/w Section 34 IPC .

2. After hearing the learned counsel appearing for the petitioners for some time, I am of the considered opinion that the contentions raised by the petitioners in this Crl.MC is to be raised before the trial court by filing a discharge petition. If such a petition is filed, there can be a direction to the trial court to consider the same, within a time frame, without insisting the presence of the petitioners.

Therefore, this Criminal Miscellaneous Case is disposed of with the following directions:-

1) The petitioners are free to file a discharge petition before the jurisdictional court within three weeks from the date of receipt of a certified copy of this order (if charge is not framed).

2) Once such a discharge petition is received, the jurisdictional court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioners and the prosecutor concerned, in accordance with law, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the discharge petition.

3) Till final orders are passed in the discharge petition, if the same is filed as directed above, the presence of the petitioners shall not be insisted.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng APPENDIX OF CRL.MC 8810/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1775/2021 OF THODUPUZHA POLICE STATION, WHICH IS PENDING IN CC NO.

268/2023 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA DATED 02/06/2023 Annexure A2 TRUE COPY OF THE CMP NO. 2638/2021 DATED

26/11/2021 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA Annexure A3 TRUE COPY OF THE ICENSE AGREEMENT DATED

27/08/2020 Annexure A4 TRUE COPY OF THE FIR IN CRIME NO. CRIME NO. 1131/2021 OF THODUPUZHA POLICE STATION DATED 17/07/2021 Annexure A5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

11032/2021 DATED 03/09/2021 Annexure A6 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 1524/2021 DATED 18/01/2022 Annexure A7 A TRUE COPY OF THE ORDER PASSED BY THE SESSIONS COURT, THODUPUZHA IN CRL.M.C.

NO. 772/2021 DATED 25/08/2021