IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 876 of 2008() ---------------------------- CRIME NO. 816/2002 of CHANGANACHERRY POLICE STATION C.C. NO. 379/2005 of JUDICIAL FIRST CLASS MAGISTRATE, CHANGANACHERRY ......................... PETITIONER: ACCUSED NOS.1 TO 4: ------------------------------- 1. V.P. GOPALAKRISHNAN NAIR, VALIYATHETTICKAL HOUSE, KATTOOR BHAGAM, KOZHANCHERRY KARA, CHERUKOL VILLAGE,PATHANAMTHITTA 2. KRISHNA KUMAR, S/O.V.P.GOPALAKRISHNAN NAIR,VALIYATHETTICKAL HOUSE KATTOOR BHAGAM, KOZHANCHERRY KARA,CHERUKOL VILLAGE PATHANAMTHITTA. 3. NIRMALA DEVI, W/O.V.P.GOPALAKRISHNAN NAIR,VALIYATHETTICKAL HOUSE KATTOOR BHAGAM, KOZHANCHERRY KARA,CHERUKOL VILLAGE PATHANAMTHITTA. 4. GIRIJA DEVI, W/O. VIDYADHARAN NAIR, PIRALASSERIL HOUSE, PALACKATHAKIDI MURI, KUNNANTHANAM VILLAGE, PATHANAMTHITTA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: DEFACTO COMPLAINANT & STATE: --------------------------------------------------------- 1. THARA PADEEP, PARVATHI VILASOM, PUZHAVATHU, CHANGANACHERRY. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 876 of 2008 ========================== Dated this the 10th day of March, 2008. O R D E R The petitioners who are accused Nos. 1 to 4 in crime No. 816/2002 of Changanacherry Police Station and now pending before the Judicial First Class Magistrate, Changanacherry as C.C. No. 379 of 2004, seek to quash Annexure-I final report and all further proceedings in C.C. No. 379/2005. 2. Admittedly, the learned Magistrate has not conducted the preliminary hearing nor has he framed the court charge. Hence, the proper course for the petitioners is to plead for a discharge. Accordingly, this Crl.M.C is disposed of permitting the petitioners to plead for a discharge. In case the petitioner files an application for discharge within three weeks from today, the same shall be considered and disposed of in absentia without insisting on the personal appearance of the petitioner. V. RAMKUMAR, JUDGE. rv