IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3413 of 2010() ------------------------- CC.227/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... PETITIONER(S): ACCUSED ---------------------- K.N.MANOJ KUMAR,S/O.NARAYANAN, (EMPLOYED IN GULF),KOLLIYAL PUTHENVEEDU, 16TH MILE,PADINHARATHARA PO, WAYANAD DISTRICT. BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.3413 of 2010 = = = = = = = = = = = Dated:18th day of August, 2010 ORDER Petitioner, who is the 3rd accused in C.C.No.227/2009 on the file of the J.F.C.M Court-II, Mananthavady arising out of Crime No.24/2005 of Kambalakkad Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to quash the said proceedings. Admittedly, the Court below has already framed the charge and the case stands posted for prosecution evidence. The proceedings cannot be quashed after the commencement of the trial. If a question of identity of the petitioner does not arise for consideration during trial, he may file an application for personal exemption by incorporating the necessary averments. In case such an application is filed, the learned Magistrate shall consider the same favourably and shall not insist on the personal appearance of the petitioner unless it is inevitable to do so at any subsequent stage of the trial. V. RAMKUMAR, (JUDGE) dmb