REJI P CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in a crime registered, inter alia, under Sec.498A of the IPC. They have come to this Court with this petition under Sec.482 of the Cr.P.C. to quash the F.I.R. filed. No interim orders were issued, it is reported. Investigation is complete. Final report has been filed and cognizance has been taken by the learned Magistrate. The petitioners have not appeared before the learned Magistrate. The learned counsel for the petitioners prays that the petitioners may be permitted to claim discharge from the court below. He further points out that accused Nos.2 and 3 are old old and sick and their personal appearance may not be insisted.

(2.) Petitioners 2 and 3 are shown to be aged 65 years and 75 years respectively. I am satisfied that with an observation that the petitioners can claim discharge and the learned Magistrate should consider their claim for discharge at the stage of Sec.239/240 of the Cr.P.C., this Crl.M.C. can be disposed of. I am further satisfied that unless absolutely necessary, the learned Magistrate should not insist the personal appearance of the petitioners 2 and 3. The learned Magistrate must permit them to appear through counsel to claim discharge under Sec.239 of the Cr.P.C. Their personal appearance need be insisted only if the learned Magistrate feels that the charges are liable to be framed and that too only on dates on which the personal appearance is absolutely essential for the progress of the case.

(3.) With the above observations, this Crl.M.C. is allowed in part.