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. 3416 of 2010() ------------------------- CC.82/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO.369/2007 OF MANJESHWAR POLICE STATION .................... PETITIONER(S): 4TH ACCUSED -------------------------- EACHU @ IRSHAD, AGED 26 YEARS S/O. MUHAMMED, R/AT SHANTHI NAGAR, BANGRA MANJESHWAR, HOSANGADI, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3416 of 2010 = = = = = = = = = = = = = = Dated: 18th day of August, 2010 ORDER Petitioner, who is the 4th accused in Crime No.369/2007 of Manjeshwar Police Station for offences punishable under Sections 143, 147, 148, 341 and 326 read with 149 IPC, seeks to quash all further proceedings in C.C.No.82/2009 on the file of the Chief Judicial Magistrate Court, Kasaragod. 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 Crl. M.C. No.3416 of 2010 2 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 18th day of August, 2010. V. RAMKUMAR, JUDGE dmb