IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2734 of 2010() ------------------------- SC.715/2003 of ADDL. SESSIONS COURT (ADHOC)-II, ALAPPUZHA .................... PETITIONER(S): ACCUSED 7 ---------------------------------------------- KRISHNA PRAKASH, S/O.RAMA CHANDRAN NAIR, AGED 30 YEARS, THURUTHEL, THIRUVANMANDOOR.P.O., CHENGANNOOR. BY ADV. SRI.SAJITH KUMAR V. RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2734 of 2010 = = = = = = = = = = = = = = Dated: 20.07.2010 ORDER Petitioner, who is the accused in Crime No.507/1998 of Chengannoor Police Station for offences punishable under Sections 143,147,148,149 and 307 IPC seeks to quash Annexure A1 and further proceedings in S.C.No.715/2003 on the file of the Addl.Sessions Court,Fast Track-II, Alappuzha. 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 20th day of July, 2010. V. RAMKUMAR, JUDGE sj