This is an application filed by the accused in S.C.No.637/2013 (C.P.No.15/2011 on the files of the Judicial First Class Magistrate's Court-I, Kochi) of Principal Sessions Judge, Ernakulam to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called as the 'Code'). 2. It is alleged in the petition that the case was taken on file on the basis of the private complaint filed by the first respondent herein before the Judicial First Class Magistrate's Court-I, Kochi and after taking sworn statement the complainant and the witnesses cognizance was taken by the learned Magistrate under Section 294 (b) 323 read with Section 34 of the Indian Penal Code and Section 3(iii) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act 1989. It was converted into C.P. No.15/2011 and it was committed to court of sessions and is now pending as S.C.No.637/2013 before the Principal Sessions Court, Ernakulam. According to the petitioners since the act alleged were done in their official duty, sanction under Section 197 of the Code is required and no offence under Section 3 (iii) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act has been attracted as well. So they have no other option except to approach this court seeking the following relief.
1) Call for the entire records pertaining to the preference of Annexure A-1 complaint, and Annexure A-3 & A-5 Orders of the Judicial First Class Magistrate Court-I Kochi in C.P. No.15/11 and QUASH the same, for the reach of ends of justice.
2) Grant such other relief's this Honourable Court may be pleased to grant in the facts and circumstances of the case.
3) Award costs of the proceedings.
3. After arguing the case for some time the counsel for the petitioner submitted that he may be permitted to withdraw the petition with liberty to file the application for discharge before the Principal Sessions Court, Ernakulam where the case was now pending and raising all contentions raised by him in this petition and also pray for giving direction to the Session Judge to consider the same and pass appropriate orders in accordance with law.
4. The above submission of the counsel for the petitioners is recorded and permission is granted to the petitioners to withdraw the petition with liberty to apply for discharge before the Principle Sessions Judge, Ernakulam before whom the case is now pending as SC No.637/2013. If the petitioners files an application, then the learned Sessions Judge is directed to consider the contentions raised by him in the petition and pass appropriate orders in accordance with law.
With the above direction and observation this petition is disposed of.
Hand over a copy of the order to the counsel for the petitioners and also communicate the same to the concerned court immediately.
Sd/-K.RAMAKRISHNAN JUDGE MJL