IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3448 of 2010() ------------------------------------- (C.C.NO.1558/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, SASTHAMKOTTA) ......... (CRIME NO.115/2000 OF SASTHAMKOTTA POLICE STATION) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ SALAVUDEEN, S/O. HASANARUKUNJU, PUTHEN PARAMBIL VEEDU, THAZHAVA THEKKU MURI. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3448 of 2010 = = = = = = = = = = = = = = Dated:18.08.2010 ORDER Petitioner, who is the 2nd accused in Crime No.115/2000 of Sasthamkotta Police Station for offences punishable under Sections 143,147 and 149 IPC and Section 25(1)(e), seeks to quash Annexure III and further proceedings in C.C.No.1558/2009 on the file of the J.F.C.M- I, Sasthamkotta. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and hold that the prosecution of the petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner is to plead for a discharge before the Court below. 3. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. He may also highlight the fact that the co-accused in the case has been acquitted after trial This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 18th day of August, 2010. V. RAMKUMAR, JUDGE sj