IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1414 of 2008() ------------------------- CC.630/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... PETITIONER: ACCUSED: -------------------- SASI, S/O. KUMARAN, KIZHAKKANCHERRI HOUSE, MADAPLATHURUTHU KARA, MOOTHAKUNNAM VILLAGE, N. PARAVUR. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1414 of 2008 * * * * * * * * * * * * * * * * * * Dated: 07-04-2008 ORDER Petitioner who is the 3rd accused in Crime No. 175 of 1999 of Vadakkekkara Police Station for an offence punishable under Sec. 498 A read with Sec. 34 I.P.C., seeks to quash the proceedings against him in C.C. 630 of 2007 now pending before the Judl. First Class Magistrate Court, North Paravur. He along with two others were charge-sheeted and tried in C.C. 553 of 2001 before the said Court. At the stage of examination of the accused under Sec. 313 Cr.P.C. the petitioner made himself scarce and did not appear before the trial court. According to him he had met with an accident and was unable to appear before the Magistrate . The case against him was split up and re-filed as C.C. No. 630 of 2007. The co-accused in the case were acquitted after trial as per judgment dated 2-11-2007 in C.C. 553 of 2001. 2. Since the petitioner had absconded from the court during the trial of C.C. 553 of 2001, the trial against him in C.C. 630 of 2007 can only be started from the stage at which he absconded in C.C. No. 553 of 2001. Hence, he cannot plead for a discharge. He will have Crl.M.C. NO. 1414 of 2008 -:2:- to undergo the trial in C.C. 630 of 2007. If a question of identity does not arise for consideration the petitioner may file a petition before the Magistrate seeking personal exemption. In case the petitioner gives an undertaking that he shall not dispute the question of identity, the learned Magistrate shall permit him to appear through his counsel during trial. With this liberty, this Crl. M.C. is disposed of . Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani.