IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 1089 of 2008() ------------------------- CC.1427/2004 of JUDL. MAGI. OF FIRST CLASS-I (FOREST OFFENCES), THODUPUZHA .................... PETITIONER: ACCUSED NO.4: ------------------------------------------------- JANSY SUNNY, W/O.SUNNY, KALAPPURAKAL VEETIL, KUJITHANNIKARA, CHITHIRAPURAM VILLAGE. BY ADV. SRI.K.C.PETER SRI.PREMCHAND R.NAIR RESPONDENTS: COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KARIMKUNNAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1089 of 2008 = = = = = = = = = = = = = = Dated this the 12th day of March, 2008 ORDER The petitioner, who is the 4th accused in Crime No.93 of 2004 of Karinkunnam, Police Station and whose case after splitting up and refiling is pending before the J.F.C.M-I, Thodupuzha as C.C.No.9 of 2006 for an offence punishable under Section 498A read with 34 IPC, seeks to quash the said proceedings before the Magistrate. 2. According to the petitioner, the co-accused have been acquitted after trial as per Annexure A1 judgment dated 5.1.06 in C.C.No.1427 of 2004. The petitioner who is employed in abroad as a nurse seeks direction to plead for a discharge in absentia. 3. I see no reason why the limited prayer of the petitioner should not be granted. The petitioner is accordingly permitted to plead for a discharge in absentia by filing an application for discharge within two weeks from today. In case she files an application Crl.M.C.No.1089 of 2008 2 as aforesaid, she shall be permitted to plead for a discharge in absentia. The learned Magistrate shall not insist on her personal presence for the disposal of the said petition. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj