IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2576 of 2010() ------------------------- CC.842/2008 of J.F.C.M COURT, KOTHAMANGALAM ............................. PETITIONER(S): --------------- K.J.PHILIP, S/O. ULAHANNAN, AGED 62 YEARS, KATTACKAL HOUSE, NERYAMANGALAM, ERNAKULAM. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.MAREENA. J.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2576 of 2010 -------------------------------------- Dated this the 8th day of July, 2010 ORDER Petitioner, who is the sole accused in Crime No.99/2007 of Kuttampuzha Police Station for an offence punishable under Section 419 IPC and now pending before the J.F.C.M Court, Kothamangalam as C.C.No.842/2008, seeks to quash the entire proceedings. 2. According to the petitioner, the offence was allegedly committed on 1.6.1971 whereas the cognizance has been taken only in the year 2008 and cognizance has been taken far beyond the period of limitation prescribed under Section 468 Cr.P.C without condoning the delay. 3. The C.C case has been posted for prosecution evidence after framing charge. If so, the trial has already started. Therefore, the only course open to the petitioner is to face the trial. If a question of identity does not arise for consideration during the trial, the petitioner may file a petition for personal exemption incorporating appropriate Crl.M.C. No.2576 of 2010 : 2 : averments. In case such a petition is filed, the learned Magistrate shall pass favourable orders on the petition. It shall be open to the petitioner to raise all the defences including the one pertaining to limitation before the trial Court. V.RAMKUMAR, JUDGE dmb