The court highlighted that remedies within the criminal procedure should be pursued before considering quashing orders.

ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.745/2022 on the file of the Judicial First Class Magistrate Court - I, Kayamkulam, arising from Crime No.170/2001 of Vallikkunnam Police Station. The above case is charge-sheeted against the petitioner alleging offences punishable under Section 420 of the Indian Penal Code .

2. The prosecution case is that the accused cheated several persons and collected money as Mahila Pradhan agent.

3. The main contention of the petitioner is that the final report is filed after about 21 years of the registration of the case. There are other contentions also.

4. After hearing both sides, I am of the considered opinion that this Court need not interfere with the matter invoking the powers under Section 482 Cr.P.C. 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 a time frame. The presence of the petitioner 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 petitioner is free to file a discharge petition before the Judicial First Class Magistrate Court - I, Kayamkulam, 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 Magistrate 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 Magistrate, 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 DM APPENDIX OF CRL.MC 7725/2023 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE F.I.R. DATED

11.09.2001 IN CRIME NO.170/2001 OF VALLIKUNNAM POLICE ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DATED

15.06.2022 IN CRIME NO.170/2001 OF VALLIKUNNAM POLICE FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-

I, KAYAMKULAM ANNEXURE A3 TRUE COPY OF THE SUMMONS DATED

11.07.2022 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM TO THE PETITIONER, REQUIRING HER TO APPEAR BEFORE THE COURT ON 13.08.2022 AT 11 :00 A.M.

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE