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. 371 of 2008() ------------------------ PETITIONER: ------------ RENJAN VARGHESE, S/O VARGHESE, AGED 56 YEARS, BRAHMAKULAM HOUSE, FLAT NO.19-D, LINK HERITAGE APARTMENTS, KACHERIPADY, ERNAKULAM, MANAGING DIRECTOR, VERTEX SECURITIES LTD, THOTTATHIL TOWERS, MARKET ROAD, KOCHI-18. BY ADV. SRI.RAJAN JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. N.VIDHYA REDDY, W/O N.KRUPAKAR REDDY, ELAMKULAM, KOCHI-20. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE 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. 371 of 2008 * * * * * * * * * * * * * * * * * * Dated: 07-04-2008 ORDER Petitioner who is the accused in Crime No. 123 of 2007 of Central Police Station, Ernakulam registered for offences punishable under Sections 406, 403, 405 and 418 I.P.C. and now pending before the Chief Judicial Magistrate, Ernakulam as C.C. No. 329 of 2007, seeks to quash the said proceeding before the Chief Judicial Magistrate. 2. I heard both sides. 3. Admittedly, the trial court has not framed the court charge. Hence, the proper course open to the petitioner is to plead for a discharge at the appropriate stage. I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly, in case the petitioner files an application before the Chief Judicial Magistrate for a discharge the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said application. Reserving the said right of the petitioner, this Crl.M.C. is disposed of. V. RAMKUMAR, (JUDGE) ani.