M M MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in C.C.113/2009 on the file of Judicial First Class Magistrate's Court-II, Thamarassery. Petitioners earlier filed Crl.R.P.3650/2009, when charge for the offences under Sections 341 and 324 read with Section 34 of Indian Penal Code was framed. Third petitioner appeared in person and she declined the offer to appoint a counsel for the petitioners, this Court by Annexure-I order permitted petitioners to file an application for discharge and directed the Magistrate to dispose the same. Annexure-II petition was filed thereafter for discharge. By Annexure-III order the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure, to quash Annexure-III order passed by Judicial First Class Magistrate-II, Thamarassery.

(2.) Third petitioner appeared in person and submitted that petitioners are not engaging any counsel. Third petitioner was heard.

(3.) Annexure-I order shows that charge was framed by the learned Magistrate and it was challenging that order the revision petition was filed. When the charge was framed, learned Magistrate cannot discharge an accused under Section 239 of Code of Criminal Procedure. Whatever it be, as directed by this Court in Annexure-I order, learned Magistrate considered Annexure-II petition and dismissed it. Case of the petitioners before the learned Magistrate, as asserted by the third petitioner before this Court, is that petitioners have sixteen documents to be produced and if those documents are produced, it would establish that the prosecution case will not stand.