IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3280 of 2010() ------------------------- CC.1136/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED: ---------------------------------------- KHALID K.M., AGED 25 YEARS, S/O.MUHAMMAD, R/AT KURICHIKKUNNU,BEKAL, PALLIKKERA VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE: --------------------------------------- STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3280 of 2010 = = = = = = = = = = = = = = Dated: 11.08.2010 ORDER Petitioner, who is the accused in C.C No.1136/2008 on the file of the J.F.C.M-II, Hosdurg for offences punishable under Sections 143,147,447,341 and 323 read with 149 IPC seeks to quash all further proceedings against him. 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 11th day of August, 2010. V. RAMKUMAR, JUDGE sj