IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Crl.MC.No. 1013 of 2008 crime no. 613/2004 of Kodunglalur police station ------------------------- PETITIONER: ------------ BINOY VASUDEVAN, AGED 35 YEARS S/O.VASUDEVAN, THAIPARAMBATH HOUSE LOKAMALESWARAM, KODUNGALLUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE KODUNGALLUR POLICE STATION. BY PUBLIC PROSECUTORMR. M.S.BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1013 of 2008 = = = = = = = = = = = = = = Dated this the 26th day of March , 2008 ORDER Petitioner, who is the first accused in Crime No. 613/2004 of Kodungallur police station for an offence punishable under Section 292(2)(a) read with Section 34 of the Indian Penla Code now pending before the Judicial First Class Magistrate Court, Kodungallur as C.C.No.153/2007, seeks to quash the F.I.R. and the final report and all further proceedings. Admittedly, the learned Magistrate has taken cognizance of the offence and the court charge is yet to be framed. The proper course available to the petitioner is to plead for a discharge. Accordingly, this Crl.M.C.is disposed of allowing the petitioner to file a petition for discharge within three weeks from today. In case the petitioner files such a petition, he shall be entitled to exemption from personal appearance in the above case and in such event, the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said petition for discharge. ks. V. RAMKUMAR, JUDGE ks.