ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.225/2022 on the file of the Judicial First Class Magistrate Court-VIII, Ernakulam (Temporary) arising from Crime No.824/2021 of Kadavanthara Police Station. Petitioner is the 1st accused in the above case. The above case is charge- sheeted alleging offences punishable under Section

406, 420 r/w 34 IPC .

2. After hearing both sides, I am of the considered opinion that the contentions raised by the petitioner should be raised before the trial court by filing a discharge petition. Counsel for the petitioner submitted that the petitioner is not in station and the learned Magistrate may insist for the presence of the petitioner for considering the discharge petition. Therefore, the petitioner can be allowed to file a discharge petition before the court below if charge is not framed and there can be a direction to consider the same within three weeks from today. The discharge petition can be argued through a lawyer engaged by the petitioner before the Magistrate court. The presence of the petitioner can be dispensed with till final orders are passed in the discharge petition. Therefore, this Criminal Miscel