IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 2899 of 2010() ------------------------- SC.1212/2006 of ADDL. DISTRICT AND SESSIONS COURT .................... PETITIONER(S): ACCUSED A 7 ------------------------------------------------- SHAJI KUMAR @ SHAJI, S/O. BHASKRA PILLAI AGED 42 YEARS, VILAYIL VEEDU, PATHARAM, SOORANAD SOUTH VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT ----------------------------------------------------- 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 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2899 of 2010 = = = = = = = = = = = = = = Dated: 16.08.2010 ORDER Petitioner, who is the accused in Crime No.135/1992 of Sasthamcotta Police Station for offences punishable under Sections 120- B, 324, 307 read with 34 IPC and Section 3 of the Explosive Substances Act, seeks to quash Annexure A charge sheet and further proceedings in S.C.No.120/2007 on the file of the Addl.District and Sessions (Ad hoc) III, Kollam. 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. He may also highlight the fact that the co-accused in the case have been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 16 th day of August, 2010. V. RAMKUMAR, JUDGE sj