IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 4050 of 2010() ------------------------------------- CRIME NO.705/2010 OF KALAMASSERY POLICE STATION. ................ PETITIONER/ACCUSED: ----------------------------------- VIJAYAKUMAR, CINE ARTIST, "USHAS"', PALLILAMKARA, KALAMASSERY, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI, SRI.J.R.PREM NAVAZ. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SHRI MARTIN, SUB INSPECTOR OF POLICE KALAMASSERY, PIN-683 104, ERNAKULAM DISTRICT. 3. SHRI LUKKAS D'CRUZ, S/O.SIMON D' CRUZ, RESIDING AT TC.45/1060, CHERIYATHURA, BHIMAPALLI WARD, MUTTATHARA VILLAGE, 691 512, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. 4. THE STATION HOUSE OFFICE, KALAMASSERY POLICE STATION, KALAMASSERY – 683 104, ERNAKULAM DIST. R1 & R4 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 4050 of 2010 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A(1): COPY OF THE RECEIPT DATED 23/12/2009 REMITTED IN THE SBT, OVERSEAS BRANCH. ANNEXURE A(2): COPY OF THE RECEIPT DATED 21/12/2009 REMITTED IN THE SBT, OVERSEAS BRANCH. ANNEXURE B: COPY OF THE COMPLAINT DATED 19/04/2010 SUBMITTED BY R3. ANNEXURE C: COPY OF THE F.I.R. NO.705/10 DATED 21/04/2010 OF THE KALAMASSERY POLICE STATION. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.4050 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is implicated in Crime No.705 of 2010 registered by Kalamassery Police alleging offence punishable under Section 420 of Indian Penal Code. The case is now pending before the Judicial Magistrate of First Class, Aluva. Primary prayer in this Crl.M.C. is to quash the proceedings in Crime No.705/2010 pending on the file of Judicial Magistrate of First Class, Aluva pursuant to Annexure B and C. 3. Considering the entire facts and circumstances of the case, I am not inclined to quash the proceedings at this stage. It is open to the petitioner to raise all relevant points before the trial court by filing an application for discharge. If such an application is filed by the petitioner claiming discharge within one month from today, the learned Magistrate shall consider the same and pass a reasoned order within two weeks thereafter. 4. Learned counsel for the petitioner submits that the petitioner is a Cine Artist and it may not be possible for him to appear before the court below on each day of trial. Therefore, petitioner's personal appearance may not be insisted upon. If the petitioner makes an application under Section 205 Cr.P.C. for dispensing his personal appearance within three weeks from today, the trial court shall do well to dispense with his personal appearance on such terms and conditions as the learned Magistrate deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes