IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 874 of 2010() ------------------------ CRIME NO. 117 OF 2004 OF KANJAR POLICE STATION PETITIONER(S): ACCUSED NO.1 --------------------------- C.N.MADHAVAN PILLAI, AGED 67 YEARS, S/O.NARAYANA PILLAI, CHEMMANNUR HOUSE, THODUPUZHA, IDUKKI. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN. RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, THODUPUZHA PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 874 of 2010 * * * * * * * * * * * * * * * * * * Dated: Ist day of June, 2010 ORDER Petitioner who is the first accused in Crime No. 117 of 2003 of Kanjar Police Station and now pending before the Court of the Chief Judicial Magistrate, Thodupuzha, as C.C. No. 169 of 2008 for offences punishable under Sections 465, 468, 471, 420 and 120 B read with Sec. 34 I.P.C. seeks to quash all further proceedings in the above case. 2. Admittedly, the learned Magistrate has framed the court charge against the petitioner. It means that the petitioner was either unsuccessful in getting a discharge or did not apply for a discharge. In either case, he will have to stand trial before the Magistrate. According to the petitioner the cognizance taken against him is bad for want of prosecution sanction. That is also a defence available to him to be raised before the court below. Reserving all the defences available to the petitioner to be raised during the trial of the case, this M.C. is dismissed. In case a question of identity does not arise for Crl.M.C. No. 874 of 2010 -:2:- consideration during the trial , it shall be open to the petitioner to move the Magistrate for personal exemption during trial. In case the petitioner applies for personal exemption, the learned Magistrate shall consider his application and pass appropriate orders. Dated this the Ist day of June, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.