The petitioners herein are accused Nos.1 & 2 in Crime No.7 of 2011 of Eravipuram Police Station in Kollam District. Annexure A-1 F.I.R. was registered based on the F.I.S. of the second respondent herein under Section 420 of the Indian Penal Code. This petition has been filed seeking quashment of Annexure A-1 F.I.R. in Crime No.7 of 2011 of Eravipuram Police Station registered against the petitioners and all further proceedings pursuant thereto. When this matter is taken up for consideration the learned Public Prosecutor submitted that after the completion of the investigation final report was filed before the Court of Judicial First Class Magistrate, Kollam and cognizance was taken thereon and it was taken on file as C.C.No.1062 of 2011.
2. I have heard the learned counsel for the petitioners, the learned counsel for the second respondent and also the learned Public Prosecutor.
3. On going through Annexure A-1 and upon hearing the learned counsel on both sides it is evident that the case on hand is to be Crl.M.C.968/2011 2 tried as a warrant case. In such circumstances and in view of the nature of the allegations I am of the considered view that it will only be appropriate for the petitioners to seek for a discharge, if it is advised for, in the aforesaid calender case at the appropriate stage. In the said circumstances, without prejudice to the right of the petitioners to take up the plea of discharge at the appropriate stage in C.C.No.1062 of 2011 this petition is disposed of. It is made clear that this Court has not made any observation on merits.
TKS Sd/-
C.T.RAVIKUMAR Judge