IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1434 of 2009() ----------------------------------------- CC.877/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NORTH PARAVUR .................... PETITIONERS/PETITIONERS : ---------------------------------------------- 1. STANELY JOHN, AGED 45 YEARS, S/O.CHRISTE DAS, ANTHIKATTU HOUSE, KIZHAKKUM BHAGOM, ELOOR, ERNAKULAM DIST. 2. JITHIN, S/O.STANELY JOHN, AGED 21 YEARS, ANTHIKATTU HOUSE, KIZHAKKUM BHAGOM, ERNAKULAM DIST. BY ADV. SMT.MEREENA JOSEPH RESPONDENTS/RESPONDENTS : --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOSHI @ THOMAS, S/O.THANKACHAN, ANTHIKKATTU HOUSE, ELOOR VILLAGE. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1434 of 2009 * * * * * * * * * * * * * * * * * * Dated: 30th day of April, 2009 ORDER Petitioners who are father and son are the accused in C.C. No. 877 of 2008 on the file of the J.F.C.M., North Parur for offences punishable under Sections 341, 323, 324 and 506 (1) read with Sec. 34 I.P.C. The said case was initiated at the instance of the 2nd respondent herein who is alleged to be a gunda and a known criminal whose name figures in the rogues gallery at Eloor Police Station. 2. The request of the petitioners to quash the proceedings before the Magistrate cannot be acceded to at this stage of the proceedings, particularly, when the Magistrate has chosen to take cognizance of the offences. The remedy of the petitioners at this juncture is to seek a discharge before the Magistrate. In case, the petitioners seek a discharge by filing a petition before the Magistrate , the Magistrate shall not insist on their personal appearance before Court for the disposal of the discharge petition. With this liberty, this petition is disposed of. V. RAMKUMAR, (JUDGE) ani.