IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 3381 of 2009() ------------------------- CC.1333/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- KISHORE, S/O. GOVINDAN, AGED 46 YEARS, KARUMATHIL HOUSE, PERUVALLORE DESOM, MULLASSERY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RANJITH, S/O. VELAYUDHAN, MAMPULLY HOUSE, ANTHIKAD VILLAGE, DESOM, THRISSUR DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3381 of 2009 -------------------------------------- Dated this the 23rd day of June, 2010 ORDER Petitioner, who is the sole accused in C.C.No.1333/09 on the file of J.F.C.M Court-II, Thrissur, seeks to quash the complaint and all further proceedings. 2. The case was originally taken on the file as C.C.No.331/2000. Since the petitioner was absconding, the case against him was transferred to the long pending register as L.P.No.65/2003 and long thereafter the petitioner appeared before the Magistrate, who re-filed the case as C.C.No.1333/09. An attempt to explore the possibilities of a settlement before the Adalath failed and the case now stands posted for examination of prosecution witnesses to 24.6.2010. Such being the position, I am not inclined to quash the complaint. The only course available to the petitioner is to stand trial. If a question of identity does not arise for consideration during the trial, the petitioner may file a petition for personal exemption by incorporating the necessary averments. In case, such a petition is filed the learned Magistrate shall allow the same. V.RAMKUMAR, JUDGE dmb