IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 2407 of 2010() ------------------------- CC.1234/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ------------------------ 1. SUNIL KUMAR, AGED 26 YEARS, S/O. UDAYAKUMAR, MADHAVAMANDIRAM HOUSE, NEAR CHALLENGE MEMORIAL HOSPITAL, VENGANOOR PANCHAYATH NEYYATTINKARA TALUK THIRUVANANTHAPURAM. 2. SURESH @ SUMESH AGED 23 YEARS, S/O.MANIKANDAN NAIR, SUMABHAVAN HOUSE, NEAR CHALLENGE MEMORIAL HOSPITAL, VENGANOOR PANCHAYATH NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.NISHIN GEORGE VIJAYABABU RESPONDENT(S): ---------------------------- 1. ANIL KUMAR, AGED 32 YEARS, S/O.RAMACHANDRAN,OF PAPPANKAATIL HOUSE, PANAVOOR DESOM,VANIYAMKULAM VILLAGE,OTTAPALAM TALUK, PALAKKAD DIST.NOW RESIDING AT MALIYEKKAL BUILDINGS, THYKAVU DESOM, NORTH KALAMASSERY, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2407 of 2010 = = = = = = = = = = = = = = Dated this the 1 st day of July, 2010 ORDER Petitioner, who is the accused in Crime No.1237 of 2005 of Aluva Police Station and now pending before the J.F.C.M-I, Aluva as C.C.No.1234/2006, seeks to quash the final report and all further proceedings. 2. Admittedly the trial of the case has already been started before the Magistrate. The only course now open to the petitioner is to face trial. In case a question of identity does not arise for consideration, the petitioner may file a petition for personal exemption during trial. If the petitioner files such an application the same shall be considered favourably by the learned Magistrate. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 1st day of July, 2010. V. RAMKUMAR, JUDGE sj