IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1937 of 2010() ------------------------- CC.602/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ACCUSED ---------------------- JOSHY,AGED 41 YEARS, S/O. VELAYUDHAN, KANIRAPARAMBIL HOUSE, P.O.KARAYAVATTOM, VALAPPAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1937 of 2010 -------------------------------------- Dated this the 4th day of June, 2010 ORDER Petitioner, who is the sole accused in C.C.No.602/2008 on the file of J.F.C.M Court, Kodungallur for an offence punishable under Section 17 of the Kerala Money Lenders Act, seeks to quash the entire proceedings against him. 2. It is too early for this court to consider whether the prosecution case is false or unsustainable against the petitioner. The court below has framed the charge against the petitioner. Hence, his only course of action now is to face the trial. If a question of identity does not arise during the trial of the case, the petitioner may file petition seeking personal exemption by incorporating appropriate averments and in that case the court below shall allow the petition and shall not insist on the personal appearance of the petitioner unless it is inevitable to do so. V.RAMKUMAR, JUDGE dmb