IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2156 of 2010() ------------------------- SC.42/1996 of I ADDL. SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED NO.2 ----------------------------------------------------- INDIRA RAMESAN, AGED 73 YEARS, W/O. G. RAMESAN, SUMTHRIPTHY, RAJADHANI BUILDINGS, EAST FORT, THIRUVANANTHAPURAM. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT AND STATE ---------------------------------------------- 1. PREMSANKAR, S/O. GOVINDAN, DEPUTY INSPECTOR GENERAL, DEPARTMENT OF PROECTION OF CIVIL RIGHTS, KARATTUPARAMBIL, MANNUTHI, THRISSUR DISTRICT - 680 001. 2. STATE OF KERALA, REPRESENTED BY DEPUTY POLICE COMMISSIONER, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM CITY BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2156 of 2010 = = = = = = = = = = = = = = Dated this the 18 th day of June, 2010 ORDER Petitioner, who is the 2nd accused in S.C.No.42/1996 on the file of the I Additional Asst.Sessions Court, Thiruvananthapuram for an offence punishable under Section 307 IPC arising out of a private complaint filed by the 1st respondent herein, seeks to quash the complaint as well as all further proceedings. 2. Admittedly, the trial of the case has started with the framing of the charge and prosecution evidence is to commence shortly on 12.7.2010. This case is to be tried along with S.C.No.72/1991. This Court will be loathe to quash the complaint and all further proceedings in a case which stands posted for prosecution evidence. 3. The only course open to the petitioner, therefore, is to stand the trial of the case. But being a 73 year old woman who is the mother-in-law of the 1st respondent, no question of identity arises for consideration during the trial of the case. Accordingly in case the petitioner files an application for personal exemption Crl. M.C. No.2156 of 2010 2 by incorporating appropriate averments, the trial court shall exempt the petitioner from personal appearance before that Court. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 18th day of June, 2010. V. RAMKUMAR, JUDGE sj