IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1461 of 2008 ------------------------- CC.3426/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: 3RD ACCUSED: ------------------------ LAIJU VARGHESE, VALLYATH HOUSE, HOUSE NO.16, CHANDANA GARDEN, J.P.LANE, KODAPPANAKKUNNU, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JEENA CHERIAN, NATTAMPARAMBIL, JERRY VILLA, POOTHAKKUZHY P.O., PAMPADY, KOTTAYAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1461 of 2008 = = = = = = = = = = = = = = Dated this the 8th day of April 2008 ORDER The petitioner, who is the third accused in C.C.No.3436/2007 on the file of the Judicial First Class Magistrate Court, Aluva which is a prosecution udder Section 498 A I.P.C., seeks to quash Annexure-I complaint and Annexure-II summons issued by the Magistrate. 2. It is too early to accept the petitioner's contention that the complaint is liable to be quashed for want of necessary allegations against the petitioner. The remedy of the petitioner is to plead for a discharge before the Magistrate at the appropriate stage. In case the petitioner files an application for discharge, he shall be permitted to do so in absentia and the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of his application for discharge. This Crl.M.C.is accordingly disposed of. V. RAMKUMAR, JUDGE ks.