IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3286 of 2010() ------------------------- CC.444/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ------------------------- MOHAMMED ASLAM, S/O.ABDUL RAHMAN, AYYALIL ANCHERYPARAMBIL, AZHIKODE VILLAGE, AZHIKODE. BY ADVS. SRI.K.G.RAJEESH, SRI.MANU TOM. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAINABA, W/O.SALIM, CHACKALACKAL HOUSE, NEAR PUTHENPALLI, AZHIKODE VILLAGE, AZHIKODE - 680 666. R1 BY PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3286 of 200 = = = = = = = = = = = = = = Dated this the 17th day of August, 2010 ORDER Petitioner who is the accused in C.C.No.444/2010 on the file of the J.F.C.M, Kodungallur for offences punishable under Sections 294 (b), 448 and 506(I) IPC seeks to quash the proceedings. 2. The report of the Magistrate shows that the particulars of offences have been read over to the accused on 15.6.2010. If so, the trial of the case has already started. The case stands posted for prosecution evidence. Under these circumstances, I am not inclined to exercise the discretion in favour of the petitioner and quash the proceedings before the court below. The remedy of the petitioner is to face trial. If the petitioner does not dispute his identity he may apply for personal exemption before the Magistrate under Section 205 Cr.P.C by incorporating the necessary averments. In case the question of identity does not arise for consideration during trial and in case the petitioner makes out necessary ingredients for personal exemption, the learned Magistrate shall consider the same favourably and pass appropriate orders. Reserving the above right of the petitioner, this Crl.M.C is dismissed. Dated this the 17th day of August, 2010. V. RAMKUMAR, JUDGE sj