IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 3686 of 2009() ------------------------- CRIME NO.95/2009 OF ANCHUTHENGU POLICE STATION .................... PETITIONER(S): ACCUSED 3,2 & 4 ------------------------------ 1. SHIHABUDEEN, SHAMLA VIHAR, VILABHAGAM, VETTOOR VILLAGE. 2. LAILA, W/O. SHIHABUDEEN, SHAMLA VIHAR, VILABHAGAM, VETTOOR VILLAGE. 3. SHAMLA, D/O.LAILA, SHAMLA VIHAR, VILABHAGAM, VETTOOR VILLAGE PRESENTLY RESIDING AT 64A, 18TH MAIN SECTOR -III, NEAR HSR CLUB HSR LAYOUT, BANGALORE. BY ADV. SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SHANI ALIF, SHAL MUMTHAS HOUSE, NEAR MARKET, VILABHAGAM, VETTOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SUMAN CHAKRAVARTHY FOR R1 PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3686 OF 2009 -------------------------------------- Dated this the 30th day of July, 2010 ORDER Petitioners, who are accused Nos.3, 2 and 4 respectively in Crime No.95/2009 of Anchuthengu police station for an offence punishable under Section 498A IPC, seek to quash the FIR and all further proceedings. 2. The report of the J.F.C.M Court-I, Varkala shows that the police has already filed a charge sheet before the court and the court has taken cognizance of the offence as C.C.No.785/2010. If so, the petitioners can file a petition for discharge before the Magistrate. I am inclined to permit the petitioners to plead for a discharge in absentia. In case the petitioners file an application for discharge through their counsel, the same shall be considered and disposed of without insisting on the personal appearance of the petitioners. V.RAMKUMAR, JUDGE dmb