IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 1933 of 2010() ------------------------- C.C.NO.1650/2009 OF J.F.C.M COURT-I, ALUVA ------------------------------- PETITIONER(S): ACCUSED ---------------------- MADHUSOODANAN.S., PULLEMPALLIL HOUSE, KAPPIL EAST, KRISHNAPURAM VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.M.R.SUDHEENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TRIKKAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REKHA NAIR, KARIKATTOR HOUSE, PANAMATTOM KARA, ELAMKULAM VILLAGE KANJIRAPALLY TALUK. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1933 of 2010 = = = = = = = = = = = = = = Dated: 22nd day of June, 2010 ORDER Petitioner, who is the accused in Crime No.216/09 of Thrikkakara Police Station for an offence punishable under Section 498(A) IPC, seek to quash Annexure A2 FIR, Annexure A3 charge sheet and all further proceedings in C.C.No.1650/09 on the file of the J.F.C.M Court-I, Aluva. 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. Crl. M.C. No. 1933 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 22nd day of June, 2010. V. RAMKUMAR, JUDGE dmb