IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1403 of 2008() ------------------------- CC.1343/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED NO.2. ----------------------------------------------- SIRAJUDDIN.P.A, S/O.ABDUL KHADER, PARIYARATH HOUSE, AYIKATTUKARA ALUVA-6. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENTS: COMPLAINANT -------------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1403 of 2008 = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008 ORDER Petitioner, who is the 2nd accused in Crime No.1514 of 2006 of Aluva Police Station for offences punishable under Sections 468,471,473 and 420 read with 34 IPC and whose case is pending before the J.F.C.M-I, Aluva as C.C.No.1343/2007, seeks to quash Annexure B charge sheet and all further proceedings, so far as they relate to the petitioner. 2. Admittedly, the learned Magistrate has not framed the charge after preliminary hearing under Section 239 Cr.P.C. Hence the proper course available to the petitioner is to plead for a discharge. I am told that the petitioner is presently working abroad. If so, the petitioner can be permitted to plead for discharge in absentia. In case the petitioner files an application for discharge in absentia before the learned Magistrate, the learned Magistrate shall not insist on his personal appearance for the disposal of the said petition. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj