IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 3009 of 2010() ------------------------- CC.585/2009 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER(S): ----------------------- PRINCE JOSEPH, S/O.JOSEPH, MOONNUKANDATHIL HOUSE, ARPOOKARA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, MEDICAL COLLEGE, KOTTAYAM. 2. THE VILLAGE OFFICER, ARPOOKARA. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3009 of 2010 = = = = = = = = = = = = = = Dated: 29.07.2010 ORDER Petitioner, who is the accused in Crime No.154/2008 of Gandhi Nagar Police Station for offences punishable under Sections 454 and 380 IPC, seeks to quash Annexure 3 charge sheet and further proceedings in C.C.No.585/2009 on the file of the J.F.C.M, Ettumanoor. 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 29th day of July, 2010. V. RAMKUMAR, JUDGE sj