IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Crl.MC.No. 2286 of 2011() ------------------------------------- CC.67/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KOZHIKODE .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- TAJ SUJAN, AGED 36 YEARS, S/O.KUNJI MUHAMMED, SEETHA APARTMENTS, OPP. PANCHAYAT OFFICE, MUTTIL. P.O., WAYANAD. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SHILPA, D/O.VISWANATHAN, AGED 23 YEARS, B 31, TELEPHONE STAFF QUARTERS, MALAPARAMBU, KOZHIKODE-673 009. 3. THE STATION HOUSE OFFICER, CHEVAYOOR POLICE STATION, KOZHIKODE DISTRICT-673 017. R1 & R3 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2286 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE COMMUNITY CERTIFICATE NO.CC/121/11 DATED 07/05/2011 ISSUED BY THE VILLAGE OFFICER ANNEXURE B: COPY OF THE RELEVANT PAGE OF SECONDARY SCHOOL LIVING CERTIFICATE. ANNEXURE C: COPY OF THE PRIVATE COMPLAINT PREFERRED BY THE 2ND RESPONDENT BEFORE THE JFCM-I, KOZHIKODE. ANNEXURE D: COPY OF THE FIR NO.533/10 OF THE CHEVAYOOR POLICE STATION. ANNEXURE E: COPY OF THE FINAL REPORT 533/10 OF CHEVAYOOR POLICE STATION. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. Crl.M.C.No.2286 of 2011 Dated this the 25th day of July 2011 O R D E R Petitioner is the 1st accused in C.C.No.67/2011 pending before the J.F.C.M-I, Kozhikode for the offence punishable under Sections 498A, 406, 323, 324 and 34 I.P.C. 2. Heard the learned counsel for the petitioner. The prayer of the petitioner is that all further proceedings initiated against him pursuant to F.I.R.No.533/2010 may be quashed. I am not inclined to quash the complaint. It is open to the petitioner to file an application for discharge before the trial court. 3. The learned counsel for the petitioner submits that the petitioner has already filed an application under Section 205 Cr.P.C for dispensing with his personal appearance in the day to day trial of the case. If such an application is filed by the petitioner, after completion of investigation the same shall be considered on merits by the learned Magistrate. 4. Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No. 2 CRL.M.C.No. 3 CRL.M.C.No. 4 CRL.M.C.No. 5