IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4356 of 2010() ------------------------ ST.1451/2007 OF JUDL.FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM ................ PETITIONER(S): ---------------------- 1. MARY BENJAMIN, AGED 53 YEARS W/O.DR.P.V.BENJAMIN, POTTAS HOUSE, EROOR PO, COCHIN 682 306, ERNAKULAM DISTRICT. 2. DR.P.V.BENJAMIN, AGED 57 YEARS POTTAS HOUSE, EROOR PO, COCHIN 682 306, ERNAKULAM DISTRICT. BY ADV. SRI.S.EASWARAN RESPONDENT(S): ------------------------ 1. FR.MATHEW PULIMMOOTTIL, AGED 84 YEARS, COR-EPISCOPA ST. GREGORIOUS ORTHODOX SYRIAN CHURCH, ELAMKULAM, KOCHI-19. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4356 OF 2010 =========================== Dated this the 4th day of November,2010 ORDER Learned counsel appearing for the petitioners submitted that petitioners would move a petition under section 258 of Code of Criminal Procedure before the learned Magistrate and granting liberty to the petitioners to raise all the contentions raised herein in that petition, the petition may be disposed and presence of the petitioner may not be insisted for the purpose of claiming an order under section 258 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioners to raise all the contentions raised herein and seek an order by filing a petition under section 258 of Code of Criminal Procedure. If petitioners file an application Crl.M.C.4356/2010 2 under section 205 of Code of Criminal Procedure to exempt them from personal appearance, learned Magistrate not to insist for their presence to enable them to get an order passed under section 258 of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006