IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1101 of 2010() ------------------------- CC.788/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... PETITIONER(S): A4 ----------------- SHIYAS, AGED 23, S/O.ABDUL SALEEM, PALLIPURAM PAICHIRA PUTHEN VEEDU, THONNIKKAL MURI, PALLIPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE, CW1 & A1 TO A3 ------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FAIZAL, AGED 22, (CW1), S/O.ABDUL RAHIM, FAIZAL MANZIL, OPPOSITE OLD POST OFFICE, VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. MUJEER, AGED 24 (A1) S/O.ABDUL LATHEEF, THOUFEEK MANZIL, PAZHAVILA, AANAKUDI MURI, PANGODE VILLAGE. 4. RIYAS, AGED 24 (A2) S/O.SAIFUDHEEN, RIYAS MANZIL, PUTHUSSERY MUKKU, KALLAMBALAM, KADAVOOR VILLAGE. 5. NISHAD, S/O.NUJUMUDHEEN, (A3) KODUVAZHATHOOR CHARUVILA PUTHEN VEEDU, KODUVAZHATHOOR VILLAGE, PULIMATHU PANCHAYATH. ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR R2 PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1101 of 2010 = = = = = = = = = = = = = = Dated: 3rd day of June, 2010 ORDER Petitioner, who is the fourth accused in Crime No.174/2007 of Pangode Police Station for offences punishable under Sections 143, 147, 149, 294(b), 341 and 323 IPC, seeks to quash Annexure A and all further proceedings in C.C.No.788/07 on the file of the Judicial First Class Magistrate Court-II, Nedumangad. 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 their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1101 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 3rd day of June, 2010. V. RAMKUMAR, JUDGE dmb