O R D E R

Dated this the 7 th day of October, 2022 The petitioner is the accused in crime No.

794/2018 of Kottayam west Police Station, now pending as CC No.1261/2019 before the Judicial First Class Magistrate Court – III, Kottayam. The aforesaid crime was registered against the petitioner for the offences punishable under Sections 408, 420 and 471 of Indian Penal Code.

2. The prosecution case is that, the petitioner, while working as the District Manager of Bata showroom in Kottayam, manipulated the records and committed misappropriation of certain amounts. Annexure A1 is the FIR and Annexure A2 is the final report submitted by the police. This Crl.M.C is filed for quashing all further proceedings pursuant to annexure A2.

3. Heard Sri.E.D George, learned counsel appearing for the petitioner and Sri. C.S Hridwik, learned public prosecutor appearing for the State.

4. The contention of the learned counsel appearing for the petitioner is that, the allegations contained in Annexure – A2 and the materials produced along with the same do not contain the necessary ingredients for attracting the offences alleged against him. It is further contented that, at the relevant time, besides the petitioner, some other persons were also working and the complaint has been submitted only against the petitioner which according to him was due to ulterior motives, to harass him.

5. On the other hand, learned Public Prosecutor opposes the aforesaid contentions.

6. I have perused the records and heard the contentions from either sides. It is reported that the petitioner had already appeared before the Court below and released on bail. The charges are not framed by the learned Magistrate, so far. Considering the nature of contentions that are raised in the Crl.M.C., I am of the view that, to appreciate the same, the materials placed on record are to be carefully scrutinized. Since all these materials are before the trial Court it is only proper that said exercise be done by the trial Court. Therefore, I deem it appropriate to relegate the petitioner to approach the Judicial First Class Magistrate Court- III, Kottayam, to submit appropriate application seeking discharge. Since, the petitioner has directly approached this Court without resorting to the said remedy, I am of the view that the said contentions need not be considered by this Court at this stage. In such circumstances, this Crl.M.C. is disposed of relegating the petitioner to submit necessary applications before the Judicial First Class Magistrate Court – III, Kottayam, seeking discharge and in the event of such application being filed, the same shall be considered by the learned Magistrate and appropriate orders shall be passed without delay.