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. 1615 of 2008() ------------------------- CC.2161/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: ACCUSED: -------------------- S. PEETHAMBARAN, S/O. SANKARAN, CHATHAMA NIVAS, CHERTHALA NORTH VILLAGE,CHERTHALA. BY ADV. SRI.A.S.SASIDHARAN RESPONDENTS: COMPLAINANT: ----------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM THROUGH C.I. OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 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.1615 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. 2161 of 2004 on the file of the Judicial First Class Magistrate-II, Ernakulam for offences punishable under Sections 379, 201 and 411 r/w Section 34 IPC, seeks to quash the proceedings before the Magistrate. 2. The learned Magistrate has already framed charge against the petitioner and that indicates that there is a prima facie case for trial. The only course now open to the petitioner is to stand trial. The proceedings cannot be quashed in a petition under Section 482 Cr.P.C. In case the question of identity of the petitioner does not arise during trial, the petitioner may seek exemption from personal appearance by invoking Section 317 Cr.P.C by filing appropriate undertaking before the Magistrate. This Crl.M.C is accordingly dismissed. V. RAMKUMAR, JUDGE. rv