This is an application filed by the accused in C.C.No.766/09 on the file of the Judicial First Class Magistrate Court, Sasthancotta to quash the proceedings under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is the accused in C.C.No.766/09 on the file of the Judicial First Class Magistrate Court, Sasthancotta which was taken on file on the basis of a private complaint filed by the first respondent herein alleging commission of the offence under Section 499 and 500 of Indian Penal Code. According to the petitioner, the complaint was filed by the first respondent based on a report published in Mangalam daily of Thiruvananthapuram edition which according to the petitioner, is of general importance and published in good faith and public interest and according to the petitioner, even if the entire allegations is accepted, that will not attract the ingredients of Section 500 of Indian Penal Code as it has not mentioned the name of any of the Doctors and there is nothing to show that it is indicative of the present first Crl.M.C.No.2743 of 2014 : 2 :
respondent. Further, the other persons responsible for the publication has also made accused. So, he filed this application seeking following relief:
“To quash Annexure A complaint and all further proceedings in C.C.No.766/09, in the file of Judicial First Class Magistrate Court, Sasthancotta, in the interest of justice.”
3. When the application came up for hearing today for admission, the Counsel for the petitioner submitted that since he did not appear before the court below, warrant is pending against him and he is limiting his prayer for on his surrender, his application for bail is directed to be considered and appropriate orders will have to be passed by the magistrate on the date of filing of the application itself. So, considering the submission made by the Counsel for the petitioner, this court felt that the petition can be disposed of giving direction to the magistrate to consider and dispose of the bail applications if any filed by the petitioner on the date of filing of the application itself in accordance with law leaving open all his contentions raised by him in this petition to be raised before the trial court. So, the application is disposed of as follows:
Crl.M.C.No.2743 of 2014 : 3 :
If the petitioner surrenders before the Judicial First Class Magistrate Court, Sasthancotta, and moves for recalling the warrant and release him on bail in C.C.No.766/09 pending before that court, then, the learned magistrate is directed to consider and dispose of that application on the date of filing of the application itself after hearing the Counsel for the complainant as well. The petitioner is at liberty to raise all his contentions raised by him before this court in this petition before the court below at the time of trial.
4. With the above direction and observation, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge