IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1458 of 2009() ------------------------- CRIME NO.86 OF 2009 OF CHALAKKUDY POLICE STATION' PETITIONER(S): ACCUSED --------------------------------------------- 1. MUHAMMED SIDDIQUE, AGED 29, S/O. SHERIEF, PALAYAM KOTTUKARAN, WEST CHALAKKUDY VILLAGE, CHALAKKUDY DESOM, MUKUNDAPURAM TALUK. 2. SAJITHA, D/O. SHERIEF, AGED,26, DO.DO. 3. AMED AMEERSHA, AGED 22, S/O. SHERIEF, DO.DO. 4. SABARUNNIZA,AGED 49, W/O. SHERIEF, DO.DO 5. SHERIEF AGED 60, S/O. SHEIK PAREED, DO.DO. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN RESPONDENT(S): COMPLAINANT -------------------------------------------------------- 1. THE STATE OF KERALA REP. BY THE PUBLICPR OSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION, THRISSUR DIST. 3. JISHA AGED 25, D/O. HUSSAIN, VALLASTHUPADY HOUSE, KORMALA DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.1458 of 2009 = = = = = = = = = = = = = = = Dated: 30.04.2009 ORDER Petitioners who are the accused in Crime No.86 of 2009 of Chalakkudy Police Station for an offence punishable under Section 498A read with 34 IPC and whose case is now pending before the J.F.C.M-I, Chalakkudy as C.C.No.228 of 2009 seek to quash the proceedings before the Magistrate. 2. It is too early for this Court to hold that the petitioners are wrongly prosecuted at the instance of the 3 rd respondent, who is the wife of the 1 st petitioner. Admittedly, the learned Magistrate is yet to frame the charge. Hence, the remedy of the petitioners is to plead for a discharge, if there is no sufficient ground for proceeding against the petitioners. Accordingly, if the petitioners plead for a discharge before the Magistrate through their counsel, the learned Magistrate shall not insist on their personal appearance for the purpose of disposal of the discharge petition. This Crl.M.C. is disposed of as above. Dated this the 30th day of April, 2009 V. RAMKUMAR, (JUDGE) sj