ORDER

Petitioners are the accused in CC No.40 of 2020 on the file of the Chief Judicial Magistrate Court, Kollam, arising from Crime No.1507 of 2019 of Kollam East Police Station, Kollam. The above case is charge sheeted alleging offence punishable under Section 420 IPC . According to the petitioner, even if the entire allegations are accepted, no offence is made out.

2. After hearing the counsel for the petitioners, I am of the considered opinion that this Crl.M.C need not be retained here because, the Calendar Case is registered in the year 2020 and the Crime was registered in the year 2019. All the contentions raised in this Crl.M.C can be raised by the petitioners before the trial court by filing a discharge petition, if charge is not framed and if such a discharge petition is filed, there can be a direction to consider the same within a time frame. The presence of the petitioners can be dispensed with till final orders are passed in the discharge petition.

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

1. The petitioners are free to file a discharge petition before the trial court, within three weeks from the date of receipt of a stamped certi