JOSHY Vs. SOMAN

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.1855/2020 on the file of Judicial First Class Magistrate Court (Temporary), Njarakkal arising from Crime No.706/2019 of Njarakkal Police Station. The above case is charge sheeted alleging offences punishable under Ss. 406, 420 read with Sec. 34 of the Indian Penal Code. The case of the petitioners is that even if the entire allegations are accepted, no offence is made out.

(2.) After hearing the counsel for the petitioners in length, I am of the considered opinion that the petitioners have to raise their contentions before the trial court by filing a discharge petition because the Calendar Case was registered in the year 2020. If such a petition is filed, the trial court will consider the same, if the charge is not framed, without insisting the presence of the petitioners.