IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Crl.MC.No. 1489 of 2010() ------------------------- SC.117/2009 of ADDL. SESSIONS FAST TRACK COURT (ADHOC), PATHANAMTHITTA (CRIME NO.341/08 OF PATHANAMTHITTA POLICE STATION) .................... PETITIONER(S): --------------- JAMEELA BEEVI,W/O MASOOD,AGED 55 YEARS, VADAKKE CHARUVIL VEEDU,ANNAPARA,KUMBUZHA MURI, PATHANAMTHITTA VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR .C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 1489 of 2010 = = = = = = = = = = = = = = Dated:25th day of June, 2010 ORDER Petitioner, who is the accused in Crime No.341/2008 of Pathanamthitta Police Station for offences punishable under Sections 8(1) (2) of the Abkari Act and Section 20(b) (ii) of the NDPS Act, seeks to quash Annexure A charge sheet and all further proceedings in S.C.No.117/2009 on the file of the Additional Sessions Fast Track Court-I, 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. Crl. M.C. No.1489 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 25th day of June, 2010. V. RAMKUMAR, JUDGE dmb