IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3415 of 2010() ------------------------- CC.54/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER(S): ACCUSED ---------------------- ABDUL KHADER, S/O. AHMED KOYA, PUTHIYATH HOUSE, MAATTARA, PETTIPPURAMAADU, VENDARATHANAM. BY ADV. SRI.P.VENUGOPAL (1086/92) SRI.M.REVIKRISHNAN RESPONDENT(S): STATE & DEFACTO COMPLAINANT -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL NAZAR, S/O. BAVA, RESIDING NEAR TOWN G.M.L.P. SCHOOL, PARAPPANANGADI AMSOM DESOM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.3415 of 2010 = = = = = = = = = = = Dated:18th day of August, 2010 ORDER Petitioner, who was the 1st accused in Crime No.62/1997 of Wandoor Police Station for an offence punishable under Section 420 read with 34 IPC and who was absconding in C.C.No.210/2002 and whose case was split up and re-filed as C.C.No.210/2004 and again re-filed as C.C.No.54/2009 before the J.F.C.M Court-II, Perinthalmanna, seeks to quash the proceedings against him on the ground that the co-accused have been acquitted after trial in C.C.No.210/2002 as evidenced by Annexure-B judgment. In the light of the decision of the Full Bench in Moosa v. Sub Inspector of Police 2006 (1) KLT 552, proceedings cannot be quashed without a trial by recourse to Section 482 Cr.P.C. Crl.M.C. No.3415 of 2010 2 2. Admittedly, the learned Magistrate has framed the charge and posted the case for prosecution evidence. If so, trial of the case has already started. Now the only course open to the petitioner is to stand trial. If a question of identity of the petitioner doesn't arise for consideration during trial, the petitioner may file an application for personal exemption by incorporating the necessary averments. In case such an application is filed, the same shall be considered favourably and appropriate orders shall be passed thereon and in that case the personal appearance of the petitioner shall not be insisted unless it is inevitable at any subsequent stage of the trial. V. RAMKUMAR, (JUDGE) dmb