IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 2159 of 2010() ------------------------- CC.1563/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER: ACCUSED ---------------------- NADATHI KUNHIMOHAMMED, PADINJARE PURAKKAL HOUSE, THIRUVATHRA DESOM, CHAVAKKAD VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PERAMANGALAM POLICE STATION, THRISSUR (DT) BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.V.RAVEENDRAN, CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2159 of 2010 -------------------------------------- Dated this the 22nd day of June, 2010 ORDER Petitioner, who is the accused in Crime No.373/2008 of Peramangalam Police Station for offences punishable under Sections 406, 420, 506(1) I.P.C, seeks to quash Annexure 'F' Final report and further proceedings in C.C.No.1563/2008 on the file of the Judicial Magistrate of the First Class, Chavakkad. 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.2159/2010 : 2 : Petitioner shall be entitled to plead for a discharge in absentia notwithstanding the pendancy of non-bailable warrants against him. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 22nd day of June, 2010. V.RAMKUMAR, JUDGE skj The word “Chavakkad” occurring in line six of the first paragraph of the final order dated 22/06/2010 in Crl.M.C.2159/2010 is corrected and substituted as “Kunnamkulam” as per order dated 20/08/2010 in Crl.M.A.4941/2010 in Crl.M.C.2159/2010. Sd/- Registrar (Judicial)