IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.MC.No. 735 of 2008() --------------------------- CC.119/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... PETITIONER -------------- 1. BABU, S/O. PACHAN, MALIYEKKAL VEEDU, KALLELIBHAGAM MURI, KALLELIBHAGAM VILLAGE. 2. BHAVANI, W/O. PACHAN, -DO- -DO- 3. RADHAKRISHNAN, S/O. PACHAN, -DO- -DO- 4. RAGHU, S/O. PACHAN, -DO- -DO- BY ADV. SRI.K.G.PAVITHRAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AMBIKA, D/O. JANAMMA, MALIYEKKAL VEEDU, KALLELIBHAGAM MURI, KALLELIBHAGAM VILLAGE. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 735 of 2008 ========================== Dated this the 19th day of February, 2008. O R D E R The petitioners, who are husband, mother-in-law and brothers- in-law of the de facto complainant Ambika (2nd respondent herein), are the accused in C.C. No. 119/2007 on the file of the Judicial First Class Magistrate, Karunagappally for an offence punishable under Section 498 A r/w Section 34 IPC. The petitioners seek to quash C.C. No. 119/2007 on the file of the Judicial First Class Magistrate, Karunagappally. 2. It is too early to accept the petitioners' contention that the allegations against the petitioners are too vague. No doubt, the allegations unless proved cannot take the de facto complainant anywhere. Admittedly, the court below has not framed charge. Hence, the proper court for the petitioners would be to plead for a discharge. If the petitioners file an application before the Magistrate within three weeks from today seeking a discharge, the same shall be considered and disposed of by the learned Magistrate without insisting on the personal appearance of accused Nos. 2,3 and 4. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv