IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1399 of 2008() ------------------------- CC.47/2007 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER: ACCUSED: -------------------- 1. R.G. REGHUNATH, S/O.GANGADHARA MENON, RESIDING AT SAI PRAYAG, KARAPARAMBA POST, CALICUT-673010. 2. R.G. SREENATH, S/O. GANGADHARA MENON, RESIDING AT SAI PRAYAG, KARAPARAMBA POST, CALICUT-673010. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- 1. PRIYA DINESH, W/O. DINESH BABU, RESIDING AT 44/1478 A, PRAYAG, L.F.C. ROAD, KALOOR POST, COCHIN-682017. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1399 of 2008 = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008 ORDER The petitioners, who are brothers are the accused in C.C.No.47/2007 on the file of the Chief Judicial Magistrate, Palakkad, alleging offences punishable under Sections 323 and 506(2) read with 34 IPC. 2. The occurrence took place on 10.04.06. The private complaint by the 1st respondent herein before the Chief Judicial Magistrate, Palakkad was filed only on 30.03.07. The 1st petitioner, who is the 1st accused is the husband of the complainant's (1st respondent's) sister Preetha and the 2nd petitioner is the brother of the 1st petitioner. Since both the petitioners are abroad and also since the question of their identity does not arise for consideration in the above case as the petitioners are related to the de facto complainant, the learned Chief Judicial Magistrate should have allowed the petitioners to represent them through their counsel and should have dropped the proceedings under Sections 82 and 83 Cr.P.C, when the petitioners moved the Magistrate for personal exemption Crl.M.C.No.1399 of 2008 2 through their counsel. 3. Accordingly, Annexure A4 order dated 31.01.08 is set aside and CMP Nos.318 and 319 shall stand allowed. The steps under Sections 82 and 83 Cr.P.C against the petitioners shall stand dropped. The petitioners shall be permitted to represent through their counsel during the further progress of the case, provided the petitioners file an undertaking before the Chief Judicial Magistrate undertaking that they will not raise any question regarding their identity at any stage during the trial of the case. If such undertaking is filed, the learned Magistrate shall favourably consider the said request and exempt them from personal appearance, unless their personal appearance is found inevitable at any stage of the trial of the case. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj