IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 184 of 2008() ------------------------ CRIME NO. 121 OF 2007 OF THE MEPPADI POLICE STATION PETITIONER: ACCUSED ------------------- 1. VINODKUMAR, S/O BHASKARAN NAIR, VRINDAVAN HOUSE, VADUVANCHAL P.O., WAYANAD DISTRICT. 2. SUDEEP, S/O BHASKARAN NAIR, DO. DO. 3. BHASKARAN NAIR, DO. DO. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. UDAYAKUMAR, S/O MADHAVAN, AMATHAYIL HOUSE, POOMALA, BATHERY, WAYANAD DISTRICT. BY PUBLIC PROSECUTOR SRI.V.T.K. MOHANAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 184 of 2008 * * * * * * * * * * * * * * * * * * Dated, this the day of 2006 ORDER Petitioners three in number are accused 1 to 3 in Crime No. 121 of 2007 of Meppadi Police Station for offences punishable under Sections 323 and 324 read with Sec. 34 I.P.C. Petitioners seek to quash the F.I.R. In the said case. The very same police had registered Crime No. 122 of 2007 for offences punishable under Sections 143, 147, 148, 432, 323, 326 and 506 (1) read with Sec. 149 I.P.C. which is the main case of which the present case is a counter case. During the pendency of the petition, Meppadi Police have charge-sheeted the petitioners. In case, the Chief Judicial Magistrate takes cognizance of the offences and issue summons to the petitioners/accused they can plead for discharge. The learned counsel for the petitioner prays for permission to plead for discharge in absentia. I see no reason why this prayer should not be granted. Accordingly, if the petitioners, on receipt of summons or warrant, as the case may be, are desirous of pleading for discharge, they may do so by filing an application in absentia through their counsel. The learned Magistrate shall dispose of the said petition without insisting on their personal appearance. This Crl.M.C. Is disposed of as above. V. RAMKUMAR, (JUDGE) ani.