IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.MC.No. 3089 of 2010() ------------------------- CC.928/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER(S): ACCUSED ---------------------- GIREESH KUMAR, 46 YEARS, S/O.GOPALAN, G.G.LAND, MEL-VETTOOR DESOM, VETTOOR VILLAGE, CHIRAYINKIL TALUK. BY ADV. SRI.G.BHAGAVAT SINGH SMT.MINI GANGADHARAN SRI.N.C.SAJUNAM RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.CHANDRAN, ADVOCATE, ANANDA BHAVAN, VETTOOR VILLAGE, VARKALA, CHIRAYINKIL TALUK-695 141. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3089 of 2010 = = = = = = = = = = = = = = Dated: 2nd day of August, 2010 ORDER Petitioner, who is the sole accused in Crime No.649/2009 of Varkala Police Station for offences punishable under Sections 341, 323, 294(b) and 506(ii) IPC, seeks to quash the FIR and Final Report and all further proceedings in C.C.No.928/2009 on the file of the J.F.C.M Court, Varkala. 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 Crl. M.C. No.3089 of 2010 2 of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 2nd day of August, 2010. V. RAMKUMAR, JUDGE dmb