IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1602 of 2008() ------------------------- SC.235/2007 of ADDL. SESSIONS COURT, VADAKARA .................... PETITIONER: ------------ MUHAMMED BELARANKANDY @ MUHAMMED SALIAH S/O. ABDULLA, RESIDING AT BELARANKANDY, CHERAPURAM AMSOM DESOM, VADAKARA TALUK BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KUTTIYADI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA 2. HASEENA,D/O.MUHAMMED, MADATHUKUNI KAYAKODY AMSOM DEVARKOVIL DESOM, VADAKARA TALUK BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1602 of 2008 = = = = = = = = = = = = = = = = = Dated this the 8 th day of April, 2008 ORDER Petitioner, who is the 1st accused in S.C.No.235/2007 on the file of the Additional Sessions Court, Vadakara for offences punishable under Sections 323 and 308 read with 34 IPC, seeks to quash the proceedings against him. 2. It is too early to quash the proceedings against the petitioner. The de facto complainant who is the 2nd respondent herein is none other than the former wife of the petitioner. The petitioner is admittedly employed abroad. The trial of the case is about to commence before the Additional Sessions Court. The question of identity of the petitioner is not likely to arise during the trial. Accordingly, if the petitioner files a petition under Section 317 Cr.P.C, seeking personal exemption, undertaking that he will not raise any question regarding his identity during the trial, the learned Sessions Judge shall grant him personal exemption during the trial of S.T.No.235/2007. V. RAMKUMAR, JUDGE sj