IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 2649 of 2010() ------------------------- CRIME NO.460/2007 OF CHAVAKKAD POLICE STATION) CC.1648/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONERS: ACCUSED ---------------------- 1. ABDUL AZIZ, AGED 61 YEARS, S/O.HYDROS KUTTY, POONTHATTU VEEDU, KALOOR AMSOM, VADAKKEKAD VILLAGE, THRISSUR. 2. NAFEESA ASEEZ, W/O.ABDUL ASEEZ, AGED 49 YEARS, S/O.HYDROS KUTTY, POONTHATTU VEEDU, KALOOR AMSOM, VADAKKEKAD VILLAGE, THRISSUR. 3. AHMED KABEER, S/O.HYDROS KUTTY, POONTHATTU VEEDU, ORUMANAYOOR VILLAGE, ORUMANAYOOR DESOM, THRISSUR. BY ADV. SRI.S.RAJEEV RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.460/2007 OF CHAVAKKAD POLICE STATION, THRISSUR). PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.2649 of 2010 ---------------------------------------- Dated this the 16th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.460 of 2007 of Chavakkad Police Station for an offence punishable under Section 420 read with Section 34 I.P.C., seek to quash all further proceedings in C.C.No.1648/2009 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 to 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 Crl.M.C.No.2649/2010 : 2 : file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. V.RAMKUMAR, JUDGE skj