IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3108 of 2010() ------------------------- C.C NO.295/2009 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER(S): ACCUSED-A9: -------------------------- ABDUL VAHAB, S/O.MYTHEEN KUNJU, CHARUVILA PUTHEN VEEDU, MOTTACKAL MURI, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3108 of 2010 = = = = = = = = = = = = = = Dated: 16th day of August, 2010 ORDER Petitioner, who is the 9th accused in Crime No.160/2003 of Chavara Thekkumbhagam Police Station for offences punishable under Sections 143, 147, 148, 447, 427 and 188 read with 149 IPC and Section 3(1) of the P.D.P.P Act, seeks to quash Annexure-A charge sheet and all further proceedings in C.C.No.295/2009 on the file of the J.F.C.M Court, Sasthamcotta. 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.3108 of 2010 2 counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner 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 16th day of August, 2010. V. RAMKUMAR, JUDGE dmb