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. 2564 of 2010() ------------------------- CC.90/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER: ACCUSED ---------------------- S.SATHYASEELAN,S/O.SADANANDAN, RESIDING AT TC-50/2, KEEZHAMBIL VEEDU, KARAMANA PO,KALADY,THIRUVANANTHAPURAM FROM TC-39/1050, PILOT NAGAR RESIDENTS ASSOCIATION, HOUSE NO.9, ATTAKULANGARA, MANACAUD PO, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD RESPONDENT/ STATE -------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 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.2564 of 2010 ---------------------------------- Dated this the 12th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.371 of 2006 of Thampanoor Police Station for offences punishable under Sections 419 & 420 of I.P.C., seeks to quash Annexure-B charge sheet and further proceedings in C.C.No.90 of 2007 on the file of the Judicial Magistrate of the First Class-III, Thiruvananthapuram. 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 a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below Crl.M.C.No.2564/2010 : 2 : 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 12th day of July, 2010. V.RAMKUMAR, JUDGE skj