IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 3068 of 2006() ------------------------- CC.522/2006 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONERS/ ACCUSED 1 TO 3 ----------------------------- 1. KRISHNA PRIYA D/O.PRASANNA KUMARI, T.C.NO.26/1821, SECRETARIAT WARD, THIRUVANANTHAPURAM. 2. PRASANNA KUMARI, T.C.NO.26/1821, SECRETARIAT WARD, THIRUVANANTHAPURAM. 3. PRABOD, T.C.NO.26/8121, SECRETARIAT WARD, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS/ COMPLAINANT: -------------------------- STATE OF KERALA REPRESENTED BY ITS GOVT. PLEADER, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.3068 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R Petitioners, who have been arraigned as accused in Crime No.23/2005 of Vanchiyoor Police Station, have preferred this petition under Section 482 of the Code of Criminal Procedure seeking to quash the above proceedings pending against them in C.C.No.522/2006 on the file of the Additional Chief Judicial Magistrate's Court, Trivandrum. Petitioners face charge for offences punishable under Sections 442,324 and 323 read with Section 34 I.P.C in the above case. 2. The prosecution case against the petitioners, which is admittedly registered at the instance of Smt. Sukesini Devi, the defacto complainant, is that they trespassed into her house on January, 22, 2005 at about 11 a.m and attacked her and her sister by hitting them on their cheek. 3. The learned counsel for the petitioners submits that the above crime is nothing but a counter blast to the crime registered against the defacto complainant in Crime No.22/2005 2 CRL.M.C.A.NO.3068/06 of Vanchiyoor Police Station. In the said crime, the allegation against Smt. Sukesini Devi and three others is that they had committed trespass into the residence of the petitioners herein, and assaulted them and that too, in violation of the prohibitory order of injunction passed by this Court in CRP.No.2520/2002. 4. Anyhow, I do not propose to deal with the above contention at this stage particularly in view of the fact that in both the cases, the police has reportedly filed final reports. 5. I have carefully perused the materials placed before me. In the peculiar facts and circumstances of the case, I am of the view that the petitioners have to be directed to urge all their contentions before the trial court at the appropriate stage. If the petitioners are convinced that the present crime registered against them is a counter blast to the case registered against the defacto complainant, I do not find any reason why the said aspect cannot be highlighted before the trial court. Further, I am unable to assume that the learned Magistrate will not advert to that aspect with reference to the evidence that may be adduced by the parties in the two 3 CRL.M.C.A.NO.3068/06 cases. 6. However, I am satisfied that the prayer made by the learned counsel to grant exemption to petitioners 1 and 2 from their personal appearance can be granted. I am persuaded to take the above view since petitioners 1 and 2 are ladies. If a motion in this regard is made by petitioners 1 and 2, it shall be allowed by the learned Magistrate. However, petitioners 1 and 2 shall appear before the learned Magistrate as and when their presence is absolutely essential for the purpose of the trial. 7. Similarly if a prayer is made on behalf of the petitioner No.3 for exemption from appearance, that shall also be considered sympathetically by the learned Magistrate. Crl.M.C is disposed of with liberty to the petitioners to raise all their contentions before the trial court. (A.K.BASHEER, JUDGE) cl 4 CRL.M.C.A.NO.3068/06