IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2447 of 2010() ------------------------- CC.152/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED NO.1 --------------------------- CHANDRASEKHARAN THAMPI,S/O.KARUNAKARAN PILLAI,AGED 66 YEARS,KOTTARAPPATTU HOUSE, XII/254,RAILWAY STATION ROAD,ALWAYE-683 101. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2447 of 2010 = = = = = = = = = = = = = = Dated: 9th day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.357/2006 of Alappuzha South Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to quash the proceedings in C.C.No.152/2010 on the file of the J.F.C.M Court-I, Alappuzha. 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 Crl. M.C. No.2447 of 2010 2 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 9th day of July, 2010. V. RAMKUMAR, JUDGE dmb