Johnson and Lucy Johnson vs The State of Kerala and V. Sathidevi

Thomas P. Joseph, J.—Petitioners are accused 1 and 2 in C.C. No. 857 of 2008 of the court of learned Judicial First Class Magistrate-III, Thrissur arising from Crime No. 738 of 2007 of Thrissur Town East Police Station for offences punishable under Sections 120(b), 420, 467 and 468 read with Section 34 of the Indian Penal Code. According to the petitioners allegation is only that a wrong description of the property was made in the document relating to the property offered as security which itself cannot stand in view of the descriptions in the prior documents of title.

It is seen that final report was submitted in the year 2008 and the learned Magistrate has taken cognizance of the offences in that year itself. This petition is filed only in the year 2010. Case is posted for trial before learned Magistrate on June 01, 2011. In the circumstances it is not necessary to quash the proceeding at this stage. It is open to the petitioners to raise their contentions before the learned Magistrate. Learned Counsel submitted that second petitioner is a lady and her physical presence in the trial court may be exempted.

Having regard to the nature of the offence there could possibly be no dispute of identity of the second petitioner. In such a situation there is no reason why physical presence of the second petitioner shall be insisted by the learned Magistrate. It may be sufficient that second petitioner appeared through counsel provided she filed application for permanent exemption agreeing that trial could proceed in her absence and in the presence of her counsel. It is open to the second petitioner to make appropriate application before the learned Magistrate for exemption from personal appearance and if any such application is filed, even in absentia learned Magistrate shall consider the application and pass appropriate orders having regard to circumstances stated above.

Criminal Miscellaneous Case is closed with the above observation.