IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2453 of 2010() ------------------------- CC.593/2007 of JUDL.MAGISTRATE OF FIRST CLASS, ETTUMANOOR .................... PETITIONER: ACCUSED ---------------------- SREEDEVI.S.K., D/O.KRISHNAN NAIR, SRINIVAS, THAVALAKUZHY, ETTUMANOOR P.O. BY ADV. SRI.C.K.MOHANAN RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY S.I OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LALITHA V.R., D/O.RAMANKUTTY, THADATHIL HOUSE, MUDIYOORKARA, THELLAKOM P.O., KOTTAYAM. PUBLIC PROSECUTOR SRI.K.S.SIVA KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2453 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioner who is the sole accused in Crime No.104 of 2007 of Gandhi Nagar Police Station for offences punishable under Sections 468, 471 and 420 I.P.C. and now pending before the Judicial Magistrate of the First Class, Ettumanoor as C.C.No.593/2007, seeks to quash Annexure-A, F.I.R., the charge sheet as well as all further proceedings before the Magistrate. 2. Admittedly the petitioner was not discharged under Section 239 of Code of Criminal Procedure and trial of the case has started and it stands posted for the examination of prosecution witnesses to 7/7/2010. The only course now open to the petitioner is to face trial. The petitioner being a woman and since a question of identity does not arise, the petitioner may file a petition for personal exemption by incorporating the appropriate averments. In case such a petition is filed the learned Magistrate shall grant personal exemption and shall insist on the personal appearance of the petitioner only if it is found inevitable at any subsequent stage of the trial. Reserving the above right of the petitioner, this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj