IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3447 of 2010() ------------------------- CC.108/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED NO.1 --------------------------- RAJESH MATHEW, HILL VIEW, KURACHELLUR CHERI, ADICHANALLUR VILLAGE, KOLLAM DIST. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------ 1. BANK OF INDIA, REPRESENTED BY ITS MANAGER, PATHANAMTHITTA BRANCH. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3447 of 2010 = = = = = = = = = = = = = = Dated: 18.08.2010 ORDER Petitioner, who is the 1st accused in Crime No.359/2006 of Pathanamthitta Police Station for offences punishable under Sections 465,468,471 and 420 read with 34 IPC and Section 38 read with 39 of Travancore Cochin Medical Practitioner Act and Section 15(2)3 of Indian Medical Council Act seeks to quash Annexure A2 final report and further proceedings in C.C.No.108/2008 on the file of the Chief Judicial Magistrate, Pathanamthitta. 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 18 th day of August, 2010. V. RAMKUMAR, JUDGE sj