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Judgment
Thomas P. Joseph, J.—Petitioners are accused 2 and 3 in C.C. No. 291 of 2010 of the Court of learned Judicial First Class Magistrate, Vaikom for offences punishable under Sections 417, 419, 420, 467 and 493 read with Section 34 of the Indian Penal Code. According to the second Respondent, Petitioners and first accused (husband of the second Respondent) committed offences as above stated. When this criminal miscellaneous case came up for hearing, learned Counsel for Petitioners requested that Petitioners may be permitted to plead discharge in absentia before the learned Magistrate. Learned Public Prosecutor submitted that since the first accused is absconding, he could not be arrested and that after arresting the first accused further report will be filed regarding his (alleged) involvement in the incident. It is also submitted that even as against Petitioners investigating officer has submitted application before learned Magistrate seeking permission for further investigation u/s 173(8) of the Code of Criminal Procedure and a special squad has been formed on 16.03.2011 for further investigation.
Having regard to the contentions raised, it is made clear that it is open to the Petitioners to plead discharge before the learned Magistrate in absentia at the appropriate stage raising appropriate contentions.
Resultantly, without prejudice to the right of Petitioners to plead discharge in absentia before the learned Magistrate at the appropriate stage, appearing through counsel, this criminal miscellaneous case is closed.