IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2263 of 2010() ------------------------- CC.20/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ----------- 1. SRI.K.N. SHANMUGHAN, MANAGING PARTNER, AGED 55 YEARS, M/S. SAIRAM INDUSTRIES , VII/441, MINI INDUSTRIAL ESTATE, KANIAPURAM, OTTAPPALAM (RESIDING AT KIZHAKKEVEEDU, NEELIKKARA P.O., PALAPPURAM, OTTAPPALAM 2. M/S. SAIRAM INDUSTRIES , VII/441, MINI INDUSTRIAL ESTATE, KANIAPURAM, OTTAPPALAM REPRESENTED BY SRI. K.N. SHANMUGHAN, MANAGING PARTNER. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENT(S): ------------- 1. E.S.I. CORPORATION REPRESENTED BY THE INSPECTOR, ESI CORPORATION, THRISSUR 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2263 of 2010 * * * * * * * * * * * * * * * * * * Dated: 23rd day of June, 2010 ORDER Petitioners who are the accused in C.C. No. 20 of 2008 on the file of the Chief Judicial Magistrate, Thrissur for an offence punishable under Sec. 85 (a) of the E.S.I. Act, 1948 seeks to quash the complaint. 2. It is too early for this Court to consider whether the case against the petitioners is false or that the complaint is liable to be quashed. The remedy of the petitioners is to move the Magistrate for a discharge under Section 245 Cr.P.C. at the appropriate stage. 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 in absentia through their counsel, the learned Magistrate shall not insist on the personal appearance of the petitioners for the disposal of the said application. This Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.