IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 1390 of 2010() ------------------------- AGAINST THE ORDER IN CC 1595/2002 ( CC.97/2006) of JUDL. MAGISTRATE OF FIRST CLASS, CHANGANACHERRY .................... PETITIONERS: ACCUSED 2 AND 3 ------------------------------ 1. ISMAIL, S/O.JACOB, ACKARAKADUPPIL, AMBALAKAVALA, THOTTAKADU. 2. ABDUL RAHUMAN, S/O.MUHAMMED YACUB, ACKARAKADUPPIL, AMBALAKAVALA, THOTTAKADU. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VAKATHANAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. -------------------------------------- Crl.M.C.No.1390 of 2010 --------------------------------------- Dated this the 9th day of July, 2010 ORDER The petitioners who are accused Nos.2 and 3 in Crime No.66/2002 of Vakathanam Police Station for offences punishable under Sections 323, 341, 294(b) & 506(ii) read with Section 34 I.P.C. and now pending before the J.F.C.M, Changanacherry as C.C.No.97/2006 seek to quash the proceedings mainly for the reason that the co-accused (A1) has been acquitted in C.C.No.1595/2002. 2. Petitioners were absconding in C.C.No.1595/2002 resulting in their case being refiled as C.C.No.97/2006. In the light of the decision of the full bench in Moosa Vs. Sub Inspector of Police 2006(1)KLT 552 the petitioners cannot seek the proceedings to be quashed without a trial. The first petitioner is still stated to be abroad. 3. The petitioners may plead for a discharge in absentia by filing a petition before the Magistrate through their counsel. In case they are not discharged and a charge is framed and also in case a question of identity doesn't arise for consideration, the petitioners may apply for personal Crl.M.C.No.1390/2010 : 2 : exemption during the trial of the case. If the petitioners file a proper petition incorporating the appropriate averments the learned Magistrate shall favourably consider the same. Reserving the above right of the petitioners this criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj