IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Crl.MC.No. 1712 of 2010() ------------------------- CC.92/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED 1 TO 5 -------------------------- 1. GOPINATH,AGED 65 YEARS,S/O.UNNIERY, THALIYAPARAMBIL HOUSE, KATTOOR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. USHA GOPINATH,AGED 55 YEARS, AGED 55 YEARS,W/O.GOPINATH,THALIYAPARAMBIL HOUSE, KATTOOR,MUKUNDAPAURAM TALUK, THRISSUR DISTRICT. 3. SHEENA,AGED 33 YEARS,W/O.SAJEEV, CHAKKAYAKAL VEEDU, NEAR PULLANI SUBRAMANIYAN TEMPLE, MALLOOR. 4. SHEEMA,AGED 30 YEARS,W/O.JOY, ARRANIKAL VEEDU, NEAR INDOOR STATIUM, CHEMBOOKAVU, THRISSUR. 5. VINEETH,AGED 27 YEARS,S/O.GOPINATH, THALIYAPARAMBIL HOUSE, KATTOOR, MUKUNDAPURAM TALUK THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THANKAM,D/O.AMMUKUTTY AMMA, VADASSERY HOUSE, VELLANI DESOM, KARIAM VILLAGE, THRISSUR. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1712 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 19th day of May 2010 ORDER The petitioners who are accused Nos. 1 to 5 in Crime No. 106 of 2007 of Kattoor Police Station for an offence punishable under Section 420 read with Section 34 I.P.C. and now pending before the J.F.C.M., Irinjalakkuda as C.C. 92 of 2009 seek to quash Annexure - 2 charge sheet. 2. It is too early to hold that the charge-sheet is liable to be quashed in a proceeding under Section 482 Cr.P.C. It is seen that as per Annexure - 4 order dated 10-8-2009 this Court had permitted the co-accused namely accused Nos. 6 to 8 to plead for a discharge before the learned Magistrate. I see no reason why a similar course should not be permitted to be adopted by the petitioners as well. Accordingly, the Crl.M.C. No. 1712 of 2010 -:2:- petitioners will be free to file an application for discharge before the Magistrate in absentia. In case the petitioners file such an application, the same shall be disposed of in accordance with law without insisting on their personal appearance for the disposal of the discharge petition. Crl.M.C . is disposed of as above. Dated this the 19th day of May, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge