IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Crl.MC.No. 535 of 2008() ------------------------ CC.256/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER: 3RD ACCUSED ----------------------- PRADEEP.R., REGIONAL MANAGER, SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, CHITTOOR ROAD, ERNAKULAM-682 011. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: STATE AND COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE, MUNDAKAYAM. 2. P.P.VARGHESE, S/O.THOMAS, KUNNELKUZHIMATTAM HOUSE, PANACHIKAD P.O., NEAR MANDIRAM JUNCTION, KURICHY, KOTTAYAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 535 of 2008 ========================== Dated this the 12th day of February, 2008. O R D E R The petitioner, who is the 3rd accused in C.C. No. 256/2006 on the file of the Judicial First Class Magistrate-I, Kanjirapally for an offence punishable under Section 420 r/w Section 34 IPC, seeks to quash the proceedings pending as C.C. No. 256/2006 on the file of the said Magistrate. The petitioner is the Manager of the financier in respect of a 2002 model stage carriage bus bearing registration No. KL 5M 6296. In as much as the learned Magistrate, after taking cognizance of the offence, has issued summons to the petitioner and the case has not been taken up for framing charge, it is only proper that the petitioner is given an opportunity to plead for a discharge so far as the petitioner is concerned. This Crl. M.C is accordingly disposed of permitting the petitioner to plead for a discharge in absentia. In case the petitioner files an application for discharge before the Magistrate, it shall be disposed of in accordance with law without insisting on the personal appearance of the petitioner. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv