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. 2618 of 2010() ------------------------- CC.23/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED 3 & 4 ---------------------------- 1. SHIHAB POTTICHI, S/O.MUHAMMED KUNHI, AGED 60 YEARS, PUTHIYANGADI, MADAI, KANNUR DISTRICT. 2. ABDUL JALEEL PUZHAKKAL, S/O.IBRAHIM, AGED 40 YEARS, SALIYA MANZIL, PUTHIYANGADI, KANNUR. BY ADV. SRI.E.N.VISHNU NAMBOODIRI SRI.ROY THOMAS (MUVATTUPUZHA) RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, PAYANGADI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU 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.2618 of 2010 = = = = = = = = = = = = = = Dated: 12th day of July, 2010 ORDER Petitioners, who are accused Nos.3 and 4 in C.C.No.285/2007 (split up as C.C.No.23/2010) of J.F.C.M Court, Payyannur for offences punishable under Sections 447, 452, 323 and 324 read with 34 IPC, seek to quash all proceedings in C.C.No.23/2010 on the file of the J.F.C.M Court, Payyannur. 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 petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly, if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance Crl. M.C. No. 2618 of 2010 2 of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 12th day of July, 2010. V. RAMKUMAR, JUDGE dmb