IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2798 of 2010() ------------------------- CC.83/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): / ACCUSED --------------- RAJEEV JAYADEVAN, AGED 39 YEARS,S/O.C.P.JAYADEVAN,AATHIRA, 38/2113,AISHWARYA LANE, ELAMKULAM, KOCHI-17. BY ADV. SRI.JOHNSON ABRAHAM RESPONDENT(S): /COMPLAINANT / DE FACTO COMPLAINANT --------------- 1. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE,NEDUPUZHA POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DR.M.K.VINAYAN, AGED 63 YEARS, S/O.MOOTHERI KUMARAN, SREEGOKULAM, KANNANKULANGARA, CHIYYARAM VILLAGE, THRISSUR PIN-680026 BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2798 OF 2010 -------------------------------------- Dated this the 23rd day of July, 2010 ORDER Petitioner, who is the husband of the de facto complainant and the accused in Crime No.503/2009 of Nedumpuzha Police Station for an offence punishable under Section 498A IPC and now pending before the J.F.C.M Court- II, Thrissur as C.C.No.83/2010 seeks to quash the proceedings before the Magistrate. 2. Admittedly, after the Magistrate has taken cognizance of the offence and the charge has also been framed. This means the trial has begun and now the only course open to the petitioner is to seek personal exemption since a question of identity doesn't arise for consideration during trial. Accordingly, if the petitioner files an application for personal exemption by incorporating the necessary averments in the said petition, the learned Magistrate shall consider the same favourably and pass appropriate orders and shall not insist on the personal appearance of the petitioner unless it is inevitable to do so at any subsequent stage of the trial. Reserving the above right of the petitioner, this Criminal M.C is disposed of. V.RAMKUMAR, JUDGE dmb