IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 1223 of 2010() ------------------------- VC.2/2000 of ENQUIRY COMMR. & SPL. JUDGE, THIRUVANANTHPAURAM .................... PETITIONER: ACCUSED ---------------------- S. SIVAPRASAD, S/O. K. SREEDHARAN, AGED 50 YEARS, PRINCIPAL AGRICULTURAL OFFICER, KASARAGODE, RESIDING PERMANENTLY AT SREELAKSHMI, JOSEPH LANE, KARAKULAM.P.O, TRIVANDRUM. BY ADV. SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.NIRMAL V NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1223 of 2010 -------------------------------------- Dated this the 15th day of June, 2010 ORDER The petitioner who is the first accused in V.C.No.2/2000 for offences under Sections 120B I.P.C. & Section13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and now pending before the Enquiry Commissioner & Special Judge, Thiruvananthapuram (C.C.No.3/2010) seeks to quash the F.I.R. and final report in the above case. 2. After the submission of F.I.R. the Special Judge has already taken cognizance of the above case and has registered the case as C.C.No.3/2010. Merely because as per Annexure-10 order dated 16/1/2004 this Court quashed the F.I.R. with regard to the first accused in V.C.No.3/2000 at the crime stage, the petitioner cannot claim similar status so as to advance his contention that the FIR in this case is also to be quashed. In contradistinction to the case covered by Annexure A10 order, in the present case the investigation was completed and the accused persons have been charge sheeted and trial court has taken cognizance of the offences. Hence the only remedy of the petitioner is now is to plead for a Crl.M.C.No.1223/2010 : 2 : discharge. 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 Special Court that Court shall not insist on the personal appearance of the petitioner for the disposal of the discharge of the petition. Reserving the above right of the petitioner, this Criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj