IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 1289 of 2010() ------------------------- CC.250/2006 (SPLIT UP C.C.NO.531/08) of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): ACCUSED ---------------------- PRASAD EZHUTHANI, S/O. PADMANABHAN, AGED 30 YEARS, AZHIKODE SOUTH POST, VATTAKANDI, KANNUR DISTRICT. BY ADV. SRI.SREEPRAKASH K.NAIR RESPONDENT(S): PETITIONER ------------------------- 1. SHO, VALAPATTANAM, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1289 of 2010 = = = = = = = = = = = = = = Dated: 22nd day of June, 2010 ORDER Petitioner, who is the 9th accused in C.C.No.250/2006 (split up C.C.No.531/2008) on the file of the J.F.C.M Court-II, Kannur, for offences punishable under Sections 143, 147, 148, 452, 324 and 427 read with 149 IPC, seeks to quash Annexure A FIR, Annexure B charge sheet and all further proceedings. 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. The petitioner shall also be entitled to submit before the learned Crl. M.C. No. 1289 of 2010 2 Magistrate that co-accused in the case have been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 22nd day of June, 2010. V. RAMKUMAR, JUDGE dmb