IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1351 of 2008()
1. M.D.JYOTHI, W/O.JIJURAJ
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.MOHAMMED AL RAFI
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/04/2008
O R D E R
V. RAMKUMAR , J.
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CRL.M.C. No.1351 of 2008
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Dated this the 2nd day of April, 2008.
O R D E R
The petitioner who has been arrayed as the 2nd accused
subsequently in crime No. 218 of 2006 of Vellathooval Police Station
for an offence punishable under Section 304 A r/w Section 34 IPC,
seeks to quash Annexure A FIR and Annexure B report by which she
has been arrayed as A2.
2. Subsequent to Annexure A, the Vellathooval police charge
sheeted the petitioner and the other accused before the Judicial First
Class Magistrate Magistrate, Adimaly who has taken cognizance of the
offence as C.C.No. 701 of 2007. The proper course of action now
available to the petitioner is to plead for a discharge before the
Magistrate. This Crl.M.C is accordingly disposed of permitting the
petitioner to plead for a discharge in absentia. In case the petitioner
files an application for discharge within two weeks from today, the
learned Magistrate shall not insist on her personal appearance before
court for disposal of the said petition.
V. RAMKUMAR, JUDGE.
rv