IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2771 of 2010() ------------------------- CC.338/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED NO.1 TO 3 -------------------------------- 1. S.PRADEEP, S/O.SADASIVAN PILLAI, AGED 35 YEARS, AREA MANAGER, BAJAJ AUTO FINANCE COMPANY LTD., PULIMOOD JUNCTION, THIRUVANANTHAPURAM-1. 2. VINOD KUMAR.M, S/O.ACHUTHAN, AGED 28 YEARS, RECOVERY OFFICER, BAJAJ AUTO FINANCE COMPANY LTD., PULIMOOD JUNCTION, THIRUVANANTHAPURAM-1. 3. RITHEESH.M.P., S/O.CHATHU, AGED 27 YEARS, RECOVERY OFFICER, BAJAJ AUTO FINANCE COMPANY LTD., PULIMOOD JUNCTION, THIRUVANANTHAPURAM-1. BY ADV. SRI.T.S.RAJAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY SI OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM-1. 2. ANJALI ASHOKAN, W/O.ASHOKAN, AGED 40 YEARS, TC 8/346(1), ALAPPURAM ROAD, THIRUMALA P.O., THIRUVANANTHAPURAM, PIN-695 006. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .......................................... Crl.M.C.No. 2771 of 2010 .......................................... Dated: 20th day of July, 2010 ORDER Petitioners, who are the accused in C.C. No. 338 of 2009 on the file of the J.F.C.M. III, Thiruvananthapuram for offences punishable under Sections 120 (b), 321, 323, 383, 378 and 379 I.P.C. seek to quash all further proceedings in the above C.C. 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 petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 20th day of July 2010. Sd/-V. RAMKUMAR, JUDGE ani /true copy/ P.S. to Judge