IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 3264 of 2010() ------------------------- AGAINST THE ORDER IN CC 22/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II (FOREST) MANJERI IN O.R.24/2008 OF KARUVARAKUNDU FOREST STATION. .......... PETITIONER(S): ------------------------ PILAKKADAN ABOOBACKER, S/O.KOYA, AGED 56 YEARS, PILAKKADAN HOUSE, AMMINIKKAD AMSOM DESOM, P.O.AMMINIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): ---------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (IN O.R.24/2008 OF KARUVARAKUNDU FOREST STATION). BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3264 of 2010 = = = = = = = = = = = = = = Dated: 10.08.2010 ORDER Petitioner, who is the 1st accused in O.R.No.24/2008 of Karuvarakundu Forest Station for offences punishable under Sections 27 (1)(c)(i)(iii)(iv) of the Kerala Forest Act, 1961( Amendments Act, 1993), seeks to quash all further proceedings in C.C.No.22/2010 on the file of the J.F.C.M-II(Forest), Manjeri. 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 10th day of August, 2010. V. RAMKUMAR, JUDGE sj