IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 1558 of 2010() ------------------------- CC.955/2003 of JUDL.MAGISTRATE OF FIRST CLASS - I, N. PARAVUR .................... PETITIONER: ACCUSED ---------------------- SAHAJITH,S/O.AYYAPPAN,CHILLIKAL HOUSE, MUNAMBOM,ERNAKULAM DIST. BY ADV. SRI.AMJAD ALI SRI.MANSOOR.B.H. RESPONDENT:STATE/ COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER,MUNAMBOM POLICE STATION,ERNAKULAM DIST. PUBLIC PROSECUTOR SRI.KAMMPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.1558 of 2010 ---------------------------------- Dated this the 12th day of July, 2010 ORDER Petitioner, who is accused No.18 in Crime No.150/2003 of Munambam Police Station for offences punishable under Sections 143, 147, 148, 427, 452, 323 & 506(1) read with Section 149 of I.P.C. and Sec.2(1)(e) read with Section 27 of the Arms Act, 1959, seeks to quash Annexure II charge sheet and all further proceedings in C.C.No.948/2009 on the file of the Judicial Magistrate of the First Class-I, N.Paravur. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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. Crl.M.C.No.1558/2010 : 2 : 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. The petitioner may also highlight the fact that the co-accused in the case have already acquitted after trial by the Judicial Magistrate of the First Class-I, N.Paravur. Dated this the 12th day of July, 2010. V.RAMKUMAR, JUDGE skj