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. 1593 of 2007() ------------------------- PETITIONER: PETITIONERS/ACCUSED 2 AND 4 --------------------------------------- 1. P.THOMAS CHACKO, S/O.THOMAS, KOTTAMANNIL VEETTIL, MYLATTUPARA, KUMPAZHA MURI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA. 2. MINI VARGHESE, D/O.K.C.VARGHESE, KOTTAMMANNIL VEETTIL, MYLATTUPARA, KUMPAZHA MURI, PATHANAMTHITTA VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 3. E.V.RAGHU, S/O.VASU, MYLATTUPARA, KUMPAZHA MURI. BY ADV. SRI.V.SETHUNATH PUBLIC PROSECUTOR SRI. M.S. BREEZE 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. 1593 OF 2007 -------------------------- Dated, 18th March 2008 O R D E R Petitioners who are accused Nos. 2 and 4 in C.C. No.93 of 2006 on the file of the Chief Judicial Magistrate, Pathanamthitta for offences punishable under Secs. 380, 427 and 511 of 468 read with Section 34 I.P.C. seek to quash Annexure A2 final report and the proceedings before the Magistrate. 2. The first petitioner who is the 2nd accused has after the filing of this petition being discharged by the learned Magistrate and this Crl. M.C. survives only with regard to the 2nd petitioner who is the 4th accused. 3. In as much as the Court below has not framed charge against the 4th accused the proper course open to the petitioner would be to plead for a discharge before the Magistrate. The 2nd petitioner /4th accused is accordingly permitted to plead for a discharge in absentia. In case, he files an application before the Magistrate the same shall be considered in absentia without insisting on the personal appearance of the Crl.M.C. No. 1593 of 2007 -:2:- 4th accused. In case, the 4th accused prays for time to produce his passport in order to substantiate his plea of alibi a reasonable time shall be given by the Magistrate. This Crl. M.C. is disposed of as above. V.Ramkumar, Judge. ani