IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 946 of 2008() ------------------------ CRIME NO.281/2006 OF ALUVA POLICE STATION PETITIONER: ------------ P.A.MOHAMMED ALI, MANAGING PARTNER, RAY'S TRAVEL BUREAU, 28/22, CHUNNAVALA BUILDING, 2ND FLOOR, MOHAMMED ALI ROAD, MUMBAI 400 003 HAVING BRANCH OFFICE AT 39/6830, ROHINI BUILDING, OPP.HDFC BANK BUILDING, RAVIPURAM JUNCTION, M.G.ROAD, KOCHI 682016. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.281 OF 2006), ALUVA POLIE STATION) 2. THE S.I. OF POLICE, ALUVA (CRIME NO.281/2006, ALUVA POLICE STATION). 3. MRS. CELINE PAUL, PALATTY VEEDU, AYIROOR P.O., KURUMASSERY VIA, ERNAKULAM DISTRICT, KERALA, INDIA. BY PUBLIC PROSECUTOR K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR,J. ========================= CRL.M.C. NO. 946 OF 2008 ========================= Dated this the 11th day of March 2008 JUDGMENT The petitioner, who is the accused in Crime No.281/2006 of Aluva Police Station registered for offences punishable under Section 420 IPC and Section 10 of the Emigration Act, seeks to quash the final report as well as the consequential C.C.1631/2006 now pending before the JFCM I, Aluva. 2. The learned Magistrate has taken cognizance of the offences and admittedly the court charge has not been framed by the Magistrate. The proper course of action for the petitioner would be to plead for a discharge at the time of preliminary hearing under Sections 239 and 240 Cr.P.C. Reserving this right of the petitioner to plead for a discharge, this Crl.M.C. is disposed of. In case the petitioner files an application for discharge within three weeks from today, he shall be permitted to prosecute the same in absentia and the learned Magistrate shall dispose of the same without insisting on the personal appearance of the petitioner. V.RAMKUMAR, JUDGE css/