IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1476 of 2008() ------------------------- CC.271/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: ACCUSED NO.4: ------------------------- RAJESH, S/O. JANARDHANAN, CHITTAZHI VEEDU, VELUR, THRISSUR DISTRICT. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.M.T.SURESHKUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1476 of 2008 * * * * * * * * * * * * * * * * * * Dated: 07-04-2008 ORDER Petitioner who is the 3rd accused in Crime No. 47 of 2005 of Erumapetty Police Station for offences punishable under Sections 143, 147, 188 and 283 read with Section 149 I.P.C. and Sections 38 and 52 of the Kerala Police Act. and now pending before the J.F.C.M I, Wadakkancherry as C.C. N o. 271 of 2005 seeks to quash the said proceedings so far as they relate to the petitioner. 2. According to the petitioner the 4th accused in the case is one Rajesh, S/o. Unni, Chittazhi Veedu, Veloor Village and Desom and the petitioner is Rajesh, S/o. Janardhanan, Chittazhi Veedu, Velur, Thrissur District and going by Annexure 3 certificate issued by the Inspector OF Posts, Wadakkancherry Sub division, the petitioner was on duty in Maruthancode Post Officer on the date of the alleged occurrence. 3. Admittedly, the trial court has not framed the court charge. Hence, the proper course open to the petitioner is to plead for a discharge at the appropriate stage. I am inclined to permit the petitioner to plead for a discharge in absentia. Crl.M.C. 1476 of 2008 -:2:- Accordingly, in case the petitioner files an application before the Chief Judicial Magistrate for a discharge the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said application. The petitioner may also press into service Ext.A3 certificate issued by the Inspector of Posts , Wadakkancherry Sub Division in support of his contention. Reserving the said right of the petitioner, this Crl.M.C. is disposed of. V. RAMKUMAR, (JUDGE) ani.