IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.MC.No. 3016 of 2010() ------------------------------ CC.346/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ACCUSED 17 & 18 ------------------------------------------------ 1. KRISHNAN KOTTUMALA, "PRANAVAM", CHEMMAD, TIRURANGADI, MALAPPURAM. 2. M.P.SHAJU, "ROHINI", MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.3016 of 2010 --------------------------------------- Dated this the 2nd day of August, 2010 ORDER The petitioners, who are the accused Nos.17 & 19 in Crime No.475 of 2007 of Kannur Town Police Station for offences punishable under Sections 143, 147, 341, 506(i) & 353 read with Section 149 I.P.C. and now pending before the Judicial Magistrate of the First Class, Kannur as C.C.No.346 of 2008, seek to quash Annexure A final report. 2. Admittedly the learned Magistrate has framed the charge against the petitioners. This means that the petitioners either did not plead for a discharge or were unable to get a discharge. 3. Since the trial of the case has already started the course open to the petitioners is to plead for personal exemption. Accordingly, if a question of identity doesn't arise for consideration during trial, the petitioners may file an application for personal exemption by incorporating the necessary averments. In case such an petition is filed through their counsel the learned Magistrate shall consider the same Crl.M.C.No.3016/2010 : 2 : favourbaly and shall not be insisted on the personal appearance of the petitioners unless it is inevitable to do so at any subsequent stage of the trial. Reserving the above right of the petitioners, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj