IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1552 of 2008() ------------------------- CC.1865/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: 1ST ACCUSED: ------------------------ R. VIJAYAKUMAR, SECRETARY, KERALA STATE PULSES & SPICES SUPPLIERS ASSOCIATION, 6/1963, UCO BANK, ANAVATHIL, KOCHI-682 005. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.ANIL D. NAIR RESPONDENTS: COMPLAINANT & 2ND ACCUSED: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. 2. KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, GANDHI NAGAR, KOCHI-20,REP.BY ITS SECRETARY IN-CHARGE, KERALA STATE CIVIL SUPPLIES CORPORATION, REGISTERED OFFICE AT MAVELI BHAVAN, GANDHI NAGAR, KOCHI-20. 3. K.T. JOSEPH, PRESIDENT,KERALA STATE PULSES AND SPICES SUPPLIERS ASSOCIATION INDO SCOTTISH BRANCH (DISTILLERY) PVT. LTD., KARUVELIPPADY, KOCHI-682 005. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1552 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-04-2008 ORDER Petitioner who is the first accused in C.C. No. 1865 of 2007 on the file of the J.F.C.M.I, Ernakulam arising out of a private complaint instituted by the 2nd respondent herein seeks to quash the proceedings before the Magistrate on the ground that the same amounts to abuse of the process of the court. 2. Admittedly, the learned Magistrate is yet to take up the case for preliminary hearing and framing of charge. 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 Magistrate, the learned Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said petition. Reserving the above said right, this Crl.M.C. is disposed of . V. RAMKUMAR, (JUDGE) ani.