IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2139 of 2010()
1. XAVIER MATHEW, MANAGING DIRECTOR
... Petitioner
2. VIJAYAN, S/O ENOSE, ROADARIKATHU VEEDU
3. SATHYADAS, S/O.JOSHWA,
Vs
1. THE STATE OF KERALA REP BY ITS
... Respondent
2. RAJENDRAN,S /O.KOCHUPILLA NADAR
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No. 2139 of 2010
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Dated this the 6th day of July, 2010
ORDER
Petitioners, who are accused Nos.1 to 3 in
C.C.No.823/2007 on the file of the J.F.C.M Court-II,
Neyyatinkara for offences punishable under sections 447
and 427 read with 34 IPC, seek to quash all further
proceedings in the above case.
2. Admittedly, the learned Magistrate after taking
cognizance of the offences has framed charge against the
petitioners. If so, the trial of the case has already started.
The remedy of the petitioners then is to stand trial. If a
question of identity does not arise for consideration during
trial, the petitioners may file an application for personal
exemption incorporating appropriate averments. In case
such an application is filed, I am sure that the Magistrate
shall pass favourable orders exempting the petitioners
from personal appearance before the Magistrate unless
their presence is found inevitable at any subsequent stage
Crl.M.C. No.2139 of 2010
: 2 :
of the trial. It shall be open to the petitioners to produce
before the Magistrate the decree of the Civil Court dealing
with the subject matter of the said case. Reserving the
above right of the petitioners this Criminal M.C is
dismissed.
V.RAMKUMAR, JUDGE
dmb