IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3496 of 2010() ------------------------- CC.48/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... PETITIONER(S): 3RD ACCUSED -------------------------- S.RADHAMONI, D/O.SARADA, RAJ BHAVAN, KARILA KULANGARA P.O., PATHIYUR VILLAGE, KARILAKUNGARA, KARTHIKAPPALLY TALUK. BY ADV. SRI.K.RAVEENDRAN RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3496 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER Petitioner, who is the third accused in C.C. No.48/2008 on the file of the Judicial Magistrate of the First Class, Karunagappally for an offence punishable under Section 420 read with Section 34 I.P.C, seeks to quash the charge and further proceedings in C.C.No.48/2008 on the file of the Judicial Magistrate of the First Class, Karungappally. 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.3496/2010 : 2 : a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below through her 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. V.RAMKUMAR, JUDGE skj