IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 1097 of 2008() ------------------------- CC.272/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONER: ACCUSED: -------------------------- DR.V.RAVI, S/O.P.VIJAYA NARAYANA PERUMAL AGED 39 YEARS, R/AT 3/8, NORTH STREET, MANATHUR TIRUKKALLUR POST, ALWARTHIRUNAGARI (VIA), TUTICORIN DISTRICT-628 612, TAMIL NADU. BY ADV. SRI.TOM JOSE SMT.GEETHA JOB(OZHUKAYIL) RESPONDENTS: DEFACTO COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, IDUKKI DISTRICT. 3. DR.P. NAGARAJAN MBBS, NEW LIGHT HOSPITAL, CHETTUKUZHI, IDUKKI DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1097 of 2008 ========================== Dated this the 18th day of March, 2008. O R D E R The petitioner, who is the sole accused in C.C. No. 272 of 2006 on the file of the Judicial First Class Magistrate, Nedumkandam for offences punishable under Sections 419 and 420 IPC, seeks to quash Annexure-E FIR and Annexure-F charge sheet and all further proceedings. 2. Admittedly, the Judicial First Class Magistrate, Nedumkandam has taken cognizance of the offences on Annexure-F charge sheet and has registered the case as C.C. No. 272 of 2006. It is also admitted that the Magistrate has not framed the court charge yet. Under these circumstances, the only course now open to the petitioner is to plead for a discharge. In case the petitioner files an application for discharge within three weeks from today, the same shall be considered and permitted to be moved in absentia and the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said discharge petition. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv