IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Crl.MC.No. 2795 of 2010() ------------------------- CC.127/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER: ACCUSED NO.4 --------------------------- G.VENUKUTTAN, S/O. GANGADHARAN, AGED 53 YEARS, DOCUMENT WRITER, NOW RESIDING AT DEEPA NIVAS, PO.KANNANKARA, THANNEERMUCKAM, ALAPPUZHA DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SRI.MAHESH V RAMAKRISHNAN RESPONDENTS: DEFACTO COMPLAINANT & STATE ------------------------------------------ 1. JOLLY, S/O. MATHAN, AGED 52 YEARS, THOTTUNKALVELI, MARUTHORVATTAM MURI, THANNERMUKKAM VADAKKU VILLAGE, CHERTHALA-688525. 2. STATE OF KERLA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2795 of 2010 ---------------------------------- Dated this the 22nd day of July, 2010 ORDER Petitioner who is the 4th accused in C.C.No.127/2008 on the file of the Judicial Magistrate of the First Class-II, Cherthala for offences punishable under Sections 468, 471, 406 & 420 read with Section 34 I.PC., seeks to quash the proceedings against him. 2. Admittedly the court below has framed the charge against the petitioner for the afore mentioned offences. This means that the petitioner was either not able to get a discharge or was not discharged by the Magistrate. 3. After the framing of charge, the trial of the case has begun. Now, the only course open to the petitioner is to face the trial. If a question of identity doesn't arise for consideration during the trial, the petitioner may file a petition for personal exemption incorporating the necessary averments. In case such a petition is filed the learned Magistrate shall consider the same favourably and pass Crl.M.C.No.2795/2010 : 2 : appropriate orders exempting the petitioner from appearing before that court. Personal appearance of the petitioner shall be insisted at any subsequent stage of the trial only if it is absolutely necessary. Reserving the above right of the petitioner, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj