IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 659 of 2010() ------------------------ CC.440/2009 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONER(S): 4TH ACCUSED -------------------------- NAZEER, AGED 32, S/O.MUHAMMED VELLUKIZHY HOUSE, KEEZHMAD, ALUVA. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. CIRCLE INSPECTOR OF POLICE, CHEVAYUR, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FORADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................... Crl.M.C..No. 659 of 2010 .............................................. Dated: 26th May, 2010 ORDER Petitioner who is the 4th accused in Crime No. 101 of 2006 of Chevayoor Police Station for offences punishable under Sections 379 and 414 I.P.C. and whose case is now pending before the J.F.C.M. III, Kozhikode as C.C. No. 440 of 2009 seeks to quash all further proceedings in the above C.C. 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 file 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. V. RAMKUMAR, JUDGE ani