IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1405 of 2008() ------------------------- CC.1813/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: ------------ AJEESH CHANDRAN S/O.LATE RAMACHANDRAN PILLAI, KALARTHUTHIYIL HOUSE MALAYALAPUZHA, THEZHAM, MALAYALAPUZHA PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. JOSE VARGHESE @ JOSE THEKKEKUTTU, THEKKETHIL HOUSE KAVUNGUM PRAYAR PURAMATTOM,PATHANAMTHITTA DISTRICT NOW RESIDING AT P.B.NO.3434, DUBAI. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1405 of 2008 ========================== Dated this the 11th day of April, 2008. O R D E R The petitioner, who is the 3rd accused in C.C. No. 1813 of 2006 on the file of the Judicial First Class Magistrate-I, Pathanamthitta for offences punishable under Sections 403, 468, 471 and 511 of 420 and 120 B IPC, seeks to quash Annexure -I charge sheet and all further proceedings in C.C.No. 1813 of 2006. 2. Admittedly, the learned Magistrate has not conducted the preliminary hearing and framed court charge. The contentions which are now raised before this Court are all available to the petitioner to be raised while pleading for a discharge. Accordingly, the petitioner may file a petition before the Magistrate seeking discharge. In case the petitioner files an application, the same shall be permitted to be moved in absentia and the Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the said petition. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv