IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3359 of 2010() ------------------------- CC.144/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER(S): 3RD ACCUSED (ORIGINAL 6TH ACCUSED): ---------------------------------------------------------------------------------------- BINU, S/O.THANKAPPAN, PUTHUVAL CHARUVILA VEEDU, EDATHIMOOLA, SASTHAVATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. RITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3359 of 2010 = = = = = = = = = = = = = = Dated: 17.08.2010 ORDER Petitioner, who is the 3rd accused in C.C No.144/2010 on the file of the J.F.C.M-I, Attingal for offences punishable under Sections 143,147,447 and 427 read with 149 IPC, seeks to quash the proceedings in the above case. 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 of the petitioner for the disposal of the discharge petition. He may also highlight the fact that the co-accused in the case have been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 17th day of August, 2010. V. RAMKUMAR, JUDGE sj