IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Crl.MC.No. 822 of 2010() ------------------------ CC.554/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR (CRIME NO.236/2009 OF KALPAKANCHERRY POLICE STATION) .................... PETITIONER(S): ACCUSED; ----------------------- 1. SUAIB, AGED 33 YEARS, S/O.THARAKKAL ABOOBACKER, EASWARAMANGALAM AMSOM, P.O.BIYYAM, PONNANI TALUK. 2. UVAIS, AGED 24 YEARS, S/O. -DO-, -DO-. 3. ABDUL RASIM, AGED 23 YEARS, S/O.-DO-, -DO-. 4. AMINA, AGED 54 YEARS, W/O.-DO-, -DO-. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KALPAKANCHERRY POLICE STATION. 2. KUNHIMOHAMMED, S/O.PARAYIL ENTHEENKUTTY, VALAVANNUR AMSOM, CHERAVANNOOR DESOM, TIRUR TALUK. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.822 OF 2010 -------------------------------------- Dated this the 25th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 4 in Crime No.236/2009 of Kalpakancherry Police Station for an offence punishable under Section 498A read with 34 IPC, seek to quash Annexure A2 private complaint, A9 FIR and A10 final report. 2. The matter is now pending before the J.F.C.M Court, Tirur as C.C.No.554/2009. Admittedly, the learned Magistrate has already framed charge which means that the trial has already begun. The only course now open to the petitioners is to undergo the trial. Having regard to the facts and circumstances of the case including the injuries sustained by the petitioners as well, I am inclined to permit them to face the trial in absentia, if a question of their identity does not arise for consideration during the trial. Accordingly, if they file an application for personal exemption incorporating appropriate averments, the same shall be considered favourably by the Magistrate who shall expedite the trial of C.C.No.504/2009 taking into account that the 1st petitioner has Crl.M.C. No.822 OF 2010 : 2 : lost his employment abroad and the petitioners 2 and 3 stand a good chance of entering employment abroad. Every endeavour shall be made to dispose of the case within six months of receipt of a copy of this order. V.RAMKUMAR, JUDGE dmb