IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2455 of 2010() ------------------------- L.P.No.31/99 in C.C.No.395/1998 (CC.469/1995) of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER: --------------- MOHANAN @ UNNI ,AGED 42 YEARS S/O.MANIYAN, GEETHALAYAM, KUREEPUZHA CHERRY SAKTHIKULANGARA KOLLAM DISTRICT BY ADV. SRI.C.RAJENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. VENUKUMAR @ UNNI, AGED 39 YEARS S/O. KRISHNA PILLAI, THACHANTEKIZHAKKATHIL VEEDU KUREEPUZHA CHERRY,SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT. 3. RADHAMMA, D/O.BHAGEERATHI AMMA THACHANTEKIZHAKKATHIL VEEDU, KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE,KOLLAM DISTRICT. 4. KRISHNA PILLAI, S/O.GOVINDA PILLAI THACHANTEKIZHAKKATHIL VEEDU, KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE,KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.K.S. SIVA KUMAR ADV. SRI.SREE VIDYA FOR R2-4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2455 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioner, who is the 11th accused in Crime No.190/95 of Sakthikulangara Police Station for offences punishable under Sections 143, 147, 148, 458, 427 & 506(ii) read with Section 149 of I.P.C., seeks to quash Annexure A1 Final Report and further proceedings in L.P.No.31/99 in C.C.No.395/1998 on the file of the Judicial Magistrate of the First Class-II, Kollam. 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 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 Crl.M.C.No.2455/2010 : 2 : 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 2nd day of July, 2010. V.RAMKUMAR, JUDGE skj