IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Crl.MC.No. 2553 of 2010() ------------------------- CC.439/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONERS: ACCUSED 1 & 2 ---------------------- 1. ANSIL, SON OF FASALUDHEEN, RAHEEM MANZIL, EDAVA, THIRUVANANTHAPURAM. 2. ARSHAD, SON OF SHAMSUDHEEN, PADIPPURA VEEDU, EDAVA, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AARIFA BEEVI, DAUGHTER OF SAINABA, KALAPPURA VEEDU, EDAVA, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK ADV. SMT.C.PRABITHA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2553 of 2010 ---------------------------------- Dated this the 21st day of July, 2010 ORDER Petitioners who are accused Nos.1 and 2 in Crime No.11/2007 of Varkala Police Station for offences punishable under Sections 143, 147, 148, 427, 323, 452 & 506(ii) read with Section 149 I.P.C. and now pending before the Judicial Magistrate of the First Class, Varkala as C.C.No.439/2007, seek to quash the proceedings against them. 2. The report received from the trial court shows that the charge has already been framed against the petitioners and the case stands posted for prosecution evidence. This shows that the petitioner either did not plead for a discharge or were unable to get a discharge. Now the only course open to the petitioners is to stand trial. If a case of identity of the petitioners does not arise Crl.M.C.No.2553/2010 : 2 : for consideration during the trial, the petitioners may apply for personal exemption by filing a petition incorporating the necessary averments. Petitioners may also highlight the fact that the matter has been settled between the de facto complainant and the petitioners. Reserving the above right of the petitioners, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj