IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1302 of 2008() ------------------------- PETITIONER: 4TH ACCUSED ----------------------- THOMAS, S/O.JOSEPH, ELAVANAL HOUSE POOTHRIKKA P.O., IKKARANAD SOUTH VILLAGE. BY ADV. SRI.SHAHUL HAMEED MOOPPAN RESPONDENTS: COMPLAINANT ------------------------ 1. PAULOSE, S/O.PATHROSE KAIPPILLY KUZHIYIL HOUSE, POOTHRIKKA P.O. IKKARANAD SOUTH VILLAGE. 2. SUB INSPECTOR OF POLICE, PUTHENCRUZ 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1302 of 2008 * * * * * * * * * * * * * * * * * * Dated: 07-04-2008 ORDER Petitioner who is the 4th accused in Crime No. 21 of 2005 of Puthencruz Police Station for offences punishable under Sections 143, 147, 148, 447, 427 and 506 (2) read with Sec. 149 I.P.C. and now pending before the J.F.C.M, Kolencherry as C.C. N o. 772 of 2005 seeks to quash the said proceeding on the ground that it amounts to abuse of the process of Court at the instance of the first respondent herein. 2. Admittedly, the trial court has not framed the court charge. Hence, the proper course open to the petitioner is to plead for a discharge at the appropriate stage. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, in case the petitioner files an application before the Chief Judicial Magistrate for a discharge the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said application. Reserving the said right of the petitioner, this Crl.M.C. is disposed of. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.