High Court Kerala High Court

K.S. Joshy vs State Of Kerala on 8 July, 2010

Kerala High Court
K.S. Joshy vs State Of Kerala on 8 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 632 of 2004()


1. K.S. JOSHY, ANITHA ESTATE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. K.S. UMMER, ADVOCATE `UTHRADAM',

                For Petitioner  :SRI.K.V.SABU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/07/2010

 O R D E R
                             V. RAMKUMAR, J.
                         = = = = = = = = = = = = =
                          Crl.M.C..No.632 of 2004
                        = = = = = = = = = = = = = =
                   Dated this the 8th day of July, 2010

                                     ORDER

Petitioner, who is the 3rd accused in C.C.No.1017/2000 on

the file of the J.F.C.M-I, Attingal, alleging offences punishable

under Sections 420, 406 and 408 read with 34 IPC, seek to

quash the proceedings.

2. The above case arose out of a private complaint and the

stage of framing charge under Section 245 Cr.P.C is yet to be

reached. The remedy of the petitioner is to plead for a discharge

at the appropriate stage. I am inclined to permit the petitioner

to appear through counsel at the stage of Section 245 Cr.P.C.

The learned Magistrate shall not insist upon the personal

appearance of the petitioner to consider whether the charge is to

be framed or not.

This Crl.M.C is disposed of as above.

Dated this the 8th day of July, 2010.

V. RAMKUMAR, JUDGE

sj