IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 3047 of 2010() ------------------------- CC.87/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ------------------------------ PETER,S/O.RAPHAEL, THOTTALI HOUSE,KIZHAKE CHALAKUDY,THRISSUR. BY ADV. SRI.S.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, CHALKUDY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. VARGHESE,S/O.DEVASY,MOOTTUPARAMBIL, KIZHAKKE CHALAKUDY,THRISSUR. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3047 of 2010 = = = = = = = = = = = = = = Dated:30.07.2010 ORDER Petitioner, who is the 1st accused in Crime No.333/1992 of Chalakudy Police Station for offences punishable under Sections.341,352 and 324 read with 34 IPC seeks to quash further proceedings in C.C.No.87/2000 on the file of the J.F.C.M, Chalakudy. 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 may also highlight the fact that the co-accused have already been acquitted after trial in C.C.No.34/1993. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 30th day of July, 2010. V. RAMKUMAR, JUDGE sj