This petition has been filed by the sixth accused in CC No. 256/2005 on the file of the Judicial First Class Magistrate Court-I, Aluva. Alongwith the co-accused, she is alleged to have committed the offence under Section 498(A) I.P.C.
2. His case is that the materials collected by the police do not disclose commission of any offence by her; moreover, the other accused except second accused have already been tried and acquitted. Her prayer is to quash the proceedings against her.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The case was taken on the file of the learned Magistrate originally as CC No. 256/2005. Since the petitioner was working abroad, the case against her was split up and those accused who appeared in the court were tried and acquitted by Annexure A3 judgment. The case against the petitioner was re-filed as CC No.
Cr.M.CNo.3273 /2014 2
510/2009. Proceedings have been taken to transfer the case to L.P. Register.
5. The petitioner was working abroad and now he has come back to India on short leave. If the materials relied on by the prosecution do not disclose commission of any offence by the petitioner, her proper remedy is to plead for a discharge under Section 439 Cr.P.C.
In the result, this Crl.M.C. is disposed of with the following direction. If the petitioner surrenders before the learned Magistrate and files a bail application, the learned Magistrate shall grant bail to her if there are no other legal impediments. After taking the case on file, the Magistrate shall consider her plea of discharge if it is raised.
K. ABRAHAM MATHEW JV JUDGE