IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2921 of 2010() ------------------------- CC.627/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONERS: ACCUSED Nos.4 TO 7: --------------- 1. SAMEERA AGED 39,D/O.K.K.L.HAMSA, 'JAMEELAS' PALLIKUNNU,VALAPATTANAM. 2. RAHINA, AGED 32,D/O.K.KL.HAMSA, 'JAMEELAS' PALLIKUNNU,VALAPATTANAM. 3. REEJABI, AGED 28,D/O.K.K.L.HAMSA, JAMEELAS, PALLLIKUNNU,VALAPATTANAM. 4. RASINA, AGED 39,D/O.K.K.L.HAMSA, 'JAMEELAS',PALLIKUNNU,VALAPATTANAM. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SRI.JIMMY.N.JOSEPH SMT.R.LEELA RESPONDENTS:STATE & DE FACTO COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. REJINA C.K. D/O.MUSTHAFA, AGED 30, ARAYANKANDIPARA, AZHEEKODE AMSOM DESOM,KANNUR. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2921 of 2010 ---------------------------------- Dated this the 27th day of July, 2010 ORDER Petitioners, who are accused Nos.4 to 7 in Crime No.606 of 2009 of Baliapattom Police Station for an offence punishable under Section 498A I.P.C., seek to quash Annexure A1 charge sheet and further proceedings in C.C.No.627 of 2009 on the file of the Judicial Magistrate of the First Class-II, Kannur. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to hold that the prosecution of the petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners is to plead for a discharge before the Court below. 3. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioners to plead for a discharge in absentia. Accordingly if the petitioners Crl.M.C.No.2921/2010 : 2 : file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. 4. In case the learned Magistrate frames charge against the petitioners, they may file a petition for personal exemption incorporating the necessary averments. If such a petition is filed, the learned Magistrate shall grant personal exemption of the petitioners and shall not insist on the personal appearance of the petitioners unless it is inevitable at any subsequent stage of the trial. This Crl.M.C is disposed of reserving the above rights of the petitioners. Dated this the 27thday of July, 2010. V.RAMKUMAR, JUDGE skj