IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Crl.MC.No. 1351 of 2008() ----------------------------- CRIME NO. 218/2006 of VELLATHOOVAL POLICE STATION PETITIONER: 2ND ACCUSED ------------------------------- M.D.JYOTHI, W/O.JIJURAJ KAVUVILA VEETTIL, PERUMBAZHATHUR VILLAGE NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.1351 of 2008 ========================== Dated this the 2nd day of April, 2008. O R D E R The petitioner who has been arrayed as the 2nd accused subsequently in crime No. 218 of 2006 of Vellathooval Police Station for an offence punishable under Section 304 A r/w Section 34 IPC, seeks to quash Annexure A FIR and Annexure B report by which she has been arrayed as A2. 2. Subsequent to Annexure A, the Vellathooval police charge sheeted the petitioner and the other accused before the Judicial First Class Magistrate Magistrate, Adimaly who has taken cognizance of the offence as C.C.No. 701 of 2007. The proper course of action now available to the petitioner is to plead for a discharge before the Magistrate. This Crl.M.C is accordingly disposed of permitting the petitioner to plead for a discharge in absentia. In case the petitioner files an application for discharge within two weeks from today, the learned Magistrate shall not insist on her personal appearance before court for disposal of the said petition. V. RAMKUMAR, JUDGE. rv