IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2394 of 2010() ------------------------- CC.521/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONERS/ACCUSED 2 TO 4: --------------- 1. C.N.HARIHARAN, AGED 75 YEARS, RESIDING AT CHAITHANAYA(VADAKKEKARA) HOUSE, VALLICHIRA P.O.,MEENACHIL TALUK. KOTTAYAM DISTRICT. 2. K.PONNAMMA,W/O.C.N.HARIHARAN, AGED 73 RESIDIG AT CHAITHANYA(VADAKKEKARA)HOUSE, VALLICHIRA P.O.MMEENACHIL TALUK.KOTTAYAM DISTRICT. 3. AMMINI VELAYUDHAN, AGED 44 YEARS, W/O.VELAYUDHAN,RESIDING AT PADANNEDATH VEEDU. VALLICHIRA P.O.MMEENACHIL TALUK.KOTTAYAM DISTRICT. BY ADV. SRI.DIPU.R SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENTS/COMPLAINANTS/STATE: --------------- 1. RAJASREE C.P.ALIAS MAYA, AGED 36 YEARS, D/O.C.N.PADMANABHAN NOW RESIDING AT CHEMBAKATHADATHIL HOUSE,MUTTUCHIRA P.O., VAIKOM TALUK,KOTTAYAM DISTRICT-686575. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 3. SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA,KOTTAYAM-686613. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2394 of 2010 -------------------------------------- Dated this the 30th day of June, 2010 ORDER Petitioners who are accused Nos.2, 3 and 4 in Crime No.419/2007 of Pala Police Station for an offence punishable under Section 498 A of I.P.C. seek to quash the F.I.R., charge sheet and subsequent proceedings. The matter is now pending before the Judicial Magistrate of the First Class, Pala as C.C.No.521/2007 and the case stands posted for prosecution evidence. The proceedings cannot be quashed at this distance of time. The proper course available to the petitioner is to stand trial. The petitioners being the aged parents of the first accused and the sister of the first accused need not personally appear before the Magistrate during the trial of the case if a question of their identity doesn't arise for consideration during trial. If the petitioners file an application through their counsel seeking personal exemption during trial by incorporating appropriate averments, the learned Magistrate shall not insist on their appearance for trial unless Crl.M.C.No.2394/2010 : 2 : their presence is found inevitable at any subsequent stage of the trial. Reserving the above right of the petitioners this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj