IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1457 of 2008() ------------------------- CC.302/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHENGANNUR .................... PETITIONER: ACCUSED 1 TO 3 ---------------------------------- 1. K.P. NARAYANA PILLA, KOIKKAL VEEDU CHENNITHALA SOUTH P.O., THRIPPERUNTHURA VILLAGE 2. P. GOPINATHAN NAIR KANNANNOOR DEVI SADANAM, CHENNITHALA SOUTH P.O. THRIPPERUNTHURA VILLAGE 3. N. SANKARANKUTTY NAIR, RADHALAYAM PUTHENKOTTAKKAKOM, CHENNITHALA P.O. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI 31. 2. K. SASIKUMAR, KANNANNUR VEEDU CHENNITHALA THEKKUM MURI, THRIPPERUNTHURA VILLAGE MAVELIKKARA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1457 of 2008 ========================== Dated this the 7th day of April, 2008. O R D E R The petitioners, who are accused Nos. 1 to 3 in C.C. No. 302 of 2007 on the file of the Judicial First Class Magistrate-II, Chengannur for an offence punishable under Section 420 r/w Section 34 IPC, seek to quash the proceedings before the Magistrate. Admittedly, the court below has not framed the charge against the accused. Preliminary hearing under Section 239 Cr.P.C is not at all over. Hence, the proper course open to the petitioners is to plead for a discharge. Having regard to the fact that the petitioners are advanced in age, I am inclined to permit the petitioners to plead for a discharge in absentia. In case the petitioners plead for a discharge in absentia by filing appropriate petitions through their counsel, the learned Magistrate shall not insist on the personal appearance of the petitioners for the disposal of the said application. Reserving this right of the petitioners, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE. rv