IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2711 of 2010() ------------------------- SC.493/2009 of ADDL. SESSIONS COURT(ADHOC)FAST TRACK NO.III, PATHANAMTHITTA .................... PETITIONER: 3RD ACCUSED -------------------------- K.K.VENUGOPAL, AGED 38 YEARS, S/O.AYYAPPAN NAIR, KAINATHARAYIL VEEDU, KOZHENCHERRY VILLAGE & TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: RESPONDENT ------------------------- 1. S.I. OF POLICE,KOIPURAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2711 of 2010 ---------------------------------- Dated this the 16th day of July, 2010 ORDER Petitioner, who is the third accused in Crime No.89 of 2007 of Koipuram Police Station for offences punishable under Sections 143, 147, 148, 427, 308, 323 & 324 read with Section 149 of I.P.C., seeks to quash Annexure1 F.I.R. and further proceedings in S.C.No.493/2009 on the file of the Additional Sessions Court (Adhoc) Fast Track No.III, 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 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. 3. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for Crl.M.C.No.2711/2010 : 2 : 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. Petitioner shall also highlight before the Sessions Court that the matter has subsequently settled between injured and the accused persons. Dated this the 16th day of July, 2010. V.RAMKUMAR, JUDGE skj