IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4386 of 2008() ------------------------- CC.353/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONERS: --------------- 1. C. FRANCIS JOSE, S/O.LATE C.P. JOSE, AGED 33 YEARS, RESIDING AT CHAWLLORE HOUSE, ANGEL COTTAGE.P.O, PUTHOOR, PALAKKAD VILLAGE, PALAKKAD DISTRICT. 2. ALPHONSA JOSE, W/O LATE C.P. JOSE, AGED 55 YEARS, RESIDING AT CHAWLLORE HOUSE, ANGEL COTTAGE.P.O, PUTHOOR, PALAKKAD VILLAGE, PALAKKAD DISTRICT. 3. C. JOSY JOSE, S/O. LATE C.P. JOSE, AGED 28 YEARS, RESIDING AT CHAWLLORE HOUSE, ANGEL COTTAGE.P.O, PUTHOOR, PALAKKAD VILLAGE, PALAKKAD DISTRICT. 4. FEMY JOSY, W/O. C. JOSY JOSE, AGED 21 YEARS, RESIDING AT CHAWLLORE HOUSE, ANGEL COTTAGE.P.O, PUTHOOR, PALAKKAD VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DY. SUPERINTENDENT OF POLICE, KUNNAMKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4386 of 2008 ---------------------------------------- Dated this the 18th day of November 2008 O R D E R Petitioners face allegations of having committed offences punishable under Sections 498A and 306 read with 34 I.P.C. Proceedings have been erroneously registered as a calendar case whereas it should have been registered as a committal proceedings. The petitioners have come to this court with the prayer that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioners. 2. After detailed discussions at the Bar, the learned counsel for the petitioners only prays that the petitioners may be permitted to withdraw this petition without any fetter on their rights to raise all appropriate contentions before the Sessions Court at the stage of Section 227/228 Cr.P.C. 3. I am satisfied that the said request can be accepted. The learned counsel for the petitioners further submits that the 4th petitioner/accused is a pregnant woman and unnecessary insistence on the personal appearance of the 4th petitioner/accused would cause serious prejudice and loss to her. Crl.M.C.No.4386/08 2 I find no reason why any court must insist ritualistically on the personal presence of the indictee. After bail is granted to the petitioners, the 4th petitioner can certainly request the court to exempt her from personal appearance. Her personal presence need thereafter be insisted only if such presence is essential for the further progress of the case. 4. With the above observations, this petition is dismissed as withdrawn. (R.BASANT, JUDGE) jsr Crl.M.C.No.4386/08 3 Crl.M.C.No.4386/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008