IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 605 of 2008() ------------------------ CC.15/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONER: ACCUSED ------------------- K.V.SURENDRAN, KIZHAKKEDATH HOUSE, KARAPPUZHA KARA, KOTTAYAM VILLAGE, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. REEBA VARKEY, W/O.PROF. VARKEY MATHEW, PERUNTHAKARY HOUSE, ERAYILKADAVU KARA, MUTTAMBALAM VILLAGE, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 605 of 2008 * * * * * * * * * * * * * * * * * * Dated : 14-02-2008 ORDER Petitioner who is the accused in C.C. No. 15 of 2007 on the file of the Chief Judicial Magistrate , Kottayam for an offence punishable under Section 500 I.P.C., seeks to quash the proceedings before the said Court. The complainant in the case is a lady who is the Muncipal Chairperson of the Kottayam Muncipality. The allegation is that the petitioner herein made a Press Conference on 25-11-2006, 26-11-2006 and 15-12-2006 and publically imputed several allegations against her resulting in she suffering loss of reputation in the estimation of the public. It was after considering the sworn statement of the complainant and the witnesses that the Chief Judicial Magistrate took the view that there was sufficient grounds for proceeding against the petitioner/accused. 2. Being a summons trial case, the petitioner cannot plead for a discharge. That was why his application filed as C.M.P. No. 5255 of 2007 for a discharge was dismissed by the learned Magistrate. Hence, the petitioner will have to face the trial. However, the learned Magistrate shall not insist on the personal appearance of the -:2:- petitioner unless it is inevitable during any stage of the trial of the case. This Crl.M.C is disposed of as above. V. RAMKUMAR, (JUDGE) ani.