IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3410 of 2010() ------------------------- CC.392/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI .................... PETITIONER(S): ACCUSED ---------------------- 1. ANIL M.P. AGED 38 YEARS, MUNDEKUDIYIL, PERUMBALLOOR, MUVATTUPUZHA, ERNAKULAM DIST. 2. JOY KAVALAYI, AGED 43 YEARS, KAVALAYI VEEDU, PERUMBALLOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.S.I. OF POLICE, MURIKKASSERY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. JIMMY,S/O. JOSEPH, AREEPARAMBIL VEETTIL, UPPUTHODU KARA, UPPUTHODU VILLAGE. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3410 of 2010 = = = = = = = = = = = = = = Dated: 19th day of August, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.392/2009 on the file of the J.F.C.M Court-I, Idukki for an offence punishable under Section 379 IPC, seek to quash the proceedings against them. 2. The remedy against the cognizance and issue summons, which amounts to a final order within the meaning of Section 397(2) Cr.P.C is revision. The learned counsel therefore limited his prayer to an opportunity to be given to the petitioners to plead for a discharge. I am inclined to accede the said prayer. 3. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioners to plead for a discharge in absentia. Accordingly if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. Crl. M.C. No. 3410 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 19th day of August, 2010. V. RAMKUMAR, JUDGE dmb