IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 22^ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 CRL.MC NO. 9908 OF 2023 CRIME NO.719/2019 OF Ernakulam Central Police Station, Ernakulam PETITIONER/S:

RAKHI RAJU,AGED 33 YEARS D/O RAJU, KARAKKAL HOUSE, CHANGANASSERY P.O, KOTTAYAM, KERALA, PIN - 686101 BY ADVS.

ARUN FRANCIS DEENA JOSEPH HARIKRISHNAN K.

VISWAJITH C.K RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 MANOHARAN P G,AGED 66 YEARS S/O GOVINDAN, PAZHAKUNNATH HOUSE, EDAMUTTAM, VALAPPAD, THRISSUR, PIN - 680568

3 RAJU ANTONY,AGED 63 YEARS HOUSE NO. 27/300, KARAKKAL HOUSE, CHANGANASSERY P.O, KOTTAYAM, KERALA, PIN - 686101

4 THANKAMMA RAJU,AGED 60 YEARS W/O RAJU ANTONY, HOUSE NO. 27/300, KARAKKAL HOUSE, CHANGANASSERY P.O, KOTTAYAM, KERALA, PIN -

686101

5 TONY JOSEPH,AGED 36 YEARS S/O JOSE THOMAS, PULLUKKATTU PARAMBIL, PANDAKASALAKKADAVU ROAD, VAZHAPPILLY, CHANGANASSERY P.O, KOTTAYAM, KERALA, PIN - 686101 OTHER PRESENT:

SRI MP PRASANTH , PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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Crl.M.C No. 9908 of 2023 =============================================================

Dated this the 22^nd day of November, 2023

ORDER

This Crl.M.C is filed to quash the proceedings in CC No.228 of

2019 on the file of the Chief Judicial Magistrate Court, Ernakulam arising from Crime No.719 of 2019 of Ernakulam Central Police Station, Ernakulam. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 406, 420 read with 34 IPC. The petitioner is the 4^th accused. It is submitted that even if the entire allegations are accepted, no offence is made out against the petitioner. It is also submitted that the petitioner is pregnant and she is not in a position to appear before the court below.

2. After hearing counsel for the petitioner and the Public Prosecutor, I am of the considered opinion that these contentions are to be raised before the court below by filing a discharge petition. If the petitioner has got any difficulty in appearing before the court below, there can be a direction to consider the discharge petition filed, without insisting the presence of the petitioner.

Therefore, this Criminal Miscellaneous Case is disposed of in the following manner:

1. The petitioner is free to file a discharge petition before the trial court, within 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 trial court will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner 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 petitioner shall not be insisted by the trial court, till final orders are passed in the discharge petition.

4. All the contentions raised by the petitioner in this criminal miscellaneous case are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das APPENDIX OF CRL.MC 9908/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 719/2019 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT DATED 28/03/2019 Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 719/2019 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT DATED 09/10/2019