IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1408 of 2008() ------------------------- CC.9/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER: ACCUSED ------------------- K.P.BALAKRISHNAN @ BABU, S/O.JAYADEVAN NANDHANAM MARRIAGE BUREAU, VENOLLY ROAD KALLEPULY, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: COMPLAINANT ------------------------ 1. SMT. SHOBHANA, W/O.SUNDARESWARAN KUNNATH HOUSE, AKATHETHARA, PALAKKAD. 2. STATE OF KERALA, REP. BY PUBLIC PROSEUCTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1408 of 2008 = = = = = = = = = = = = = = Dated this the 9th day of April , 2008 ORDER The petitioner who is the accused in C.C.No.9 of 2007 on the file of the Judicial First Class Magistrate Court-II, Palakkad for an offence punishable under Section 420 I.P.C., seeks to quash all proceedings pending against him. 2. Admittedly after taking cognizance of the offence, the learned Magistrate has not framed the court charge. The only course of action now open to the petitioner is to plead for a discharge. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for discharge before the court below, the same shall be considered and disposed of without insisting on the personal appearance of the petitioner for the disposal of the said petition. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.