IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3673 of 2008() ------------------------- CC.380/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): --------------- SHANI, 24 YEARS, D/O.KITTU, KISHANTH NIVAS, PUTHUSEE EAST, KTC, BHAGOM, KANCHIKKOD PUTHUSSERY VILLAGE, PALAKKAD. BY ADV. SRI.K.V.SABU RESPONDENT(S): --------------- C.I. OF POLICE, KALAMASSERY REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3673 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2008 O R D E R The petitioner is the second accused in a prosecution for offences punishable under Sections 4, 5 and 7 of the Immoral Traffic (Prevention) Act. The crux or gravamen of the allegations raised against the petitioner in the final report submitted by the police is that she was found in the room of a lodge allegedly engaging herself in prostitution along with the first accused. 2. The learned counsel for the petitioner submits that the petitioner is a married woman leading a respectable life in Delhi now. It is submitted that the allegations do not attract the offences alleged against her. It is hence prayed that premature termination of proceedings may be directed. 3. After discussions at the Bar, the learned counsel for the petitioner submits that the petitioner shall be satisfied if she is given an opportunity to raise the plea of discharge before the Crl.M.C.No. 3673 of 2008 2 learned Magistrate. The case has been registered as a calender case and the offence is a warrant offence. I am, in these circumstances, satisfied that the petitioner can be relegated to claim discharge under Section 239 Cr.P.C. before the learned Magistrate. The petitioner has already entered appearance and has been enlarged on bail, it is submitted. I am satisfied that the said request can be accepted. 4. The learned counsel for the petitioner submits that it may further be directed that personal presence of the petitioner need not be insisted ritualistically on all dates of posting. I find no reason why her personal presence should be insisted on all dates. She can be permitted to be represented through counsel until a decision is taken to proceed with the trial under Section 240 or 258 Cr.P.C. The petitioner's personal presence need not be insisted by the learned Magistrate if she is represented by a counsel, unless compelling reasons are there. 5. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm