IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 2027 of 2010() ------------------------- CC.37/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): --------------- 1. MACHINGAL KUNHIPATHUMMA W/O.P.K.MUHAMMEDKUTTY, AGED 57 YEARS PAYANAT KODASSERY HOUSE, THAYYALUNGAL PO, MALAPPURAM DISTRICT. 2. KULAMVALAPPIL SULAIMAN S/O.ALAVI HAJI, CHULLIPPARA PO, VENNIYOOR THIROORANGADI. 3. CHATHERY NABEESU W/O.KULAMVALAPPIL KUNHEKKU, CHULLIPPARA PO, VENNIYOOR, THIROORANGADI. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2027 of 2010 = = = = = = = = = = = = = = Dated: 15th day of June, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No.37/2010 on the file of the Chief Judicial Magistrate Court, Manjeri, for an offence punishable under Section 3 read with 23 of the Kerala Conservation of Paddy land & Wetland Act 2008, seek to quash Annexure A complaint and all further proceedings in C.C.No.37/2010. 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 petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly, if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. Crl. M.C. No.2027 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 15th day of June, 2010. V. RAMKUMAR, JUDGE dmb