AI Structured Summary
Not yet generated for this judgment
Judgment
S.S. Satheesachandran, J.—Petitioner is the third accused in Sessions Case No. 1623 of 2010 on the file of Additional Sessions Court, Attingal. The above petition has been filed to quash the proceedings against her in the aforesaid case in which she is prosecuted with two other accused for offences punishable under Sections 306 and 500 r/w Section 34 of Indian Penal Code, invoking the inherent jurisdiction of this court u/s 482 of the Code of Criminal Procedure, for short, ''the Code''. The trial of that case has already commenced before the Sessions Judge, after complying with the required formalities on cognizance being taking on the offences imputed against the accused after committal of the case by the Magistrate. Trial, it is stated, is in midway, already ten prosecution witnesses, it is stated, have been examined in the case. When that be so, exercise of inherent jurisdiction of this court at this stage, whatever be the grounds set forth by the petitioner to quash the final report laid by the investigating agency, cannot be appreciated at all. It is also brought to my notice that other accused in the case have previously moved an application for quashing the proceedings of the case and that was dismissed by order Dated 04-06-2012 in Crl. M. C No. 1117/2012. Learned counsel for the petitioner, at this stage, requested for issuing a direction to the Sessions Judge to grant her permanent exemption from appearance during the trial submitting that presently she is employed as the head of an institution at a far away place in Kozhikode. In case the petitioner has sufficient grounds to seek for exemption from personal appearance, she can move an application before the Sessions Court u/s 205 of the Code seeking that relief. Having regard to the nature of the employment of the petitioner who is stated to be the Principal of an educational institution, that too at a far away place, and also that the petitioner is a lady, the learned Sessions Judge shall pass appropriate orders, if any such application is made, but, of course, ensuring that her presence, if so required for trial, is secured, in case exemption from personal appearance is granted.
Subject to the above observations, petition is disposed of.