IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Crl.MC.No. 2281 of 2010() ------------------------- CC.457/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER(S): --------------- FR.GEORGE P.JOHN,S/O.JOHN, PADINJATTUKARA HOUSE,CHUNGATHARA P.O., NILAMBUR TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. K.C.JOHN,S/O.CHACKO,MALIYEKKAL HOUSE, MODAPOIKA P.O.,NARIVALAMUNDA, VAZHIKADAVU AMSOM AND DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT-676505 2. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE,EDAKKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2281 of 2010 -------------------------------------- Dated this the 15th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.130/2008 of Edakkara Police Station for an offence punishable under Section 420 IPC and now pending before the J.F.C.M Court, Nilambur as C.C.No.457/2008, seeks to quash the proceedings against him on the ground that the averments in the complaint which was forwarded to the police under Section 156(3) Cr.P.C and the prosecution records do not accord the said offence. 2. The trial of the case was already started by the learned Magistrate framing the charge and posting the case for prosecution evidence. This means that the petitioner either did not plead for a discharge or was not able to get a discharge. Now the trial of the case having started, the proper course of action for the petitioner is to face the trial. The disputed questions of fact will not be gone into by this Court in proceedings under Section 482 Cr.P.C, which itself is a discretionary. Having regard to the fact that the petitioner is a priest, I am inclined to permit the petitioner to seek Crl.M.C. No.2281 of 2010 : 2 : personal exemption during trial. Therefore, in case the petitioner files an application before the Magistrate for personal exemption by incorporating the necessary averments, the learned Magistrate shall allow the said application and shall not insist on the personal appearance of the petitioner unless it is inevitable at any subsequent stage of the trial. Reserving the above right of the petitioner, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb