IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 989 of 2010() ------------------------ CC.26/2009 of on the file of the J.F.C.M. Kothamangalam .................... PETITIONER(S): ------------ K.A.ABDUL SALAM, PRINCIPAL SUB INSPECTOR OF POLICE, KOTHAMANGALAM (NOW WORKING AS THE CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU), ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HANEEFA S/O KOCHUMUHAMMAD, KADINJUMMOLAYIL PUTHENPURAYIL, PALLIPPADY BHAGOM, KARUKADAM KARA, KOTHAMANGALAM VILLAGE. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-5-2010 , THE COURT ON 24/05/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. ...................................... Crl.M.C.No. 989 of 2010 ..................................... Dated: 24-05-2010 ORDER Petitioner who is the first accused in C.C. No. 26 of 2009 on the file of the J.F.C.M., Kothamangalam for offences punishable under Sections 323, 324 and 341 of I.P.C. seeks to quash Annexure 5 and all further proceedings in the above C.C. 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. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 24th day of May, 2010. V. RAMKUMAR, JUDGE ani