IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 4315 of 2011() ------------------------- CC.473/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): --------------- 1. VALSALA, W/O PANAKKAPARAMBIL, VATSALAN, POTTOR VILLAGE, THRISSUR TALUK. 2. VALSAN, PANAKKAPARAMBIL, POTTOR VILLAGE, THRISSUR TAUK. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, VIYYOOR, THRISSUR 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 3. CHANDRAN, KALLARAKKAL, POTTOR DESOM, POTTOR VILLAGE THRISSUR DISTRICT. PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4315 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE A1 TRUE COPY OF THE PRIVATE COMPLAINT CC 473/1998. ANNEXURE A2 TRUE COPY OF THE DRAFT CHARGE SHEET ANNEXURE A3 TRUE COPY OF ORDER IN CRL.MC 985/2001. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4315of 2011 ------------------------------------------ Dated this the 16th day of December, 2011 ORDER Petitioners are wife and husband who are arrayed as accused No. 1 and 2 in CC.473/98 of JFCM - I, Thrissur. The petitioners have not appeared before the trial court till this date. Almost 13 years have elapsed. It is seen that the petitioners had earlier moved this court, as Criminal M.C. No.985/01 which was dismissed by this court on 01.06.2005. This court was not inclined to quash the charge sheet or cognizance of the offence or the subsequent proceedings taken by the court below. Now the request is that the petitioners may be allowed to be represented in that court by their counsel and make a plea for discharge. I find no merit in this petition. 2. The fact that the case has been pending for more than 11 years cannot be lost sight of. Because of the pendency of the Criminal M.C, it was kept pending for 4 years. So far, the petitioners did not appear before the court below. Therefore, the request that the petitioners Crl.M.C.No. 4315 of 2011 -: 2 :- may be allowed to be represented by their counsel and make a plea for discharge under Section 205 Cr.P.C. is only to be rejected. The petitioners have to appear before the trial court and then only the request for discharge would arise for consideration. N.K. BALAKRISHNAN, JUDGE. smvd