IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.MC.No. 1139 of 2008() ------------------------- CC.280/2006 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONERS/ACCUSED: --------------------------- 1. RAJAVU JAYAN, S/O. NANU, PARAMMEL, NEAR KARIYAD PANCHAYATH OFFICE, KARIYAD P.O., THALASSERY TALUK, KANNUR. 2. RAJAVU NANU, S/O. KELU, RESIDING -DO- BY ADV. SRI. CIBI THOMAS RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. FAIZAL KURUNGOT, S/O. MOOSAL HAJI, KURUNGOT HOUSE, MEAKUNNU P.O., PERINGATHUR, THALASSERY TALUK, KANNUR. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1139 of 2008 ========================== Dated this the 14th day of March, 2008. O R D E R The petitioners, who are accused Nos. 1 and 2 in C.C.No. 280 of 2006 on the file of the Judicial First Class Magistrate, Nadapuram for an offence punishable under Section 379 r/w Section 34 IPC, seek to quash the proceedings before the Magistrate. 2. After taking cognizance, the Magistrate has also framed charge against the petitioners for the aforesaid offence. It is too early to hold that the complaint does not make out the offence alleged. The proper course available to the petitioners is to stand trial. In case there is no question of identity of the petitioners involved, they can move the Magistrate for personal exemption during trial and if and when such an application is filed, the Magistrate shall favourably consider the same and exempt the petitioners from personal exemption except when the personal appearance of the petitioners are inevitable at any stage of the trial. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv