IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1673 of 2010() ------------------------- CC.221/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER(S): -------------------------- 1. STEPHEN, S/O. JOSEPH, 'GOD GIFT' H.NO.153, JANAKEEYA NAGAR, PATTATHANAM, KOLLAM DISTRICT. 2. LEELAMMA, W/O. STEPHEN 'GOD GIFT' H.NO.153, JANAKEEYA NAGAR, PATTATHANAM, KOLLAM DISTRICT. BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, UPPUTHARA POLICE STATION, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1673 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of May, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No.144 of 2007 of Upputhara Police Station for offences punishable under Sections 294(b),323,327,448,498A,506(ii), 420 read with 34 IPC and now pending before the J.F.C.M, Kattappana as C.C.No.221 of 2007, seek to quash Annexure I - FIR and Annexure II - Charge sheet and the proceedings in C.C.No.221 of 2007. 2. It is too early for this Court to hold that the charge sheet is liable to be quashed and the cognizance taken by the learned Magistrate is bad. The remedy of the petitioners is to plead for a discharge. Since the petitioners are parents of the husband of the de facto complainant and residing at Pattathanam in Kollam district, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, the petitioners shall be entitled to plead for a Crl. M.C. No.1673/2010 2 discharge in absentia on filing appropriate petition through their counsel. The learned Magistrate shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 18th day of May, 2010. V. RAMKUMAR, JUDGE sj