IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3457 of 2010() ------------------------- CC.293/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER(S): ----------------------- 1. FATHIMUTHU D/O.SARA BEEVI, PANAYAPALLI VEEDU, KOCHALUMOODU POTHENCODE, RESIDING AT K.K.HOUSE, NADAYARA DESOM VARKALA. 2. SAFAR, S/O.SATHAR PANAYAPALLI VEEDU, KOCHALUMOODU POTHENCODE, RESIDING AT K.K.HOUSE, NADAYARA DESOM VARKALA. 3. SAIFA, D/O.FATHIMUTHU PANAYAPALLI VEEDU, KOCHALUMOODU POTHENCODE, RESIDING AT K.K.HOUSE, NADAYARA DESOM VARKALA. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT(S): ------------------------- 1. YACOOB, S/O.SHAMSUDEEN FIROZ MANZIL, KOCHALUMOODU POTHENCODE 2. STATE OF KERALA REPRESENTED BY THE INSPECTOR OF FACTORIES & BOILERS, GR.II THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3457 of 2010 = = = = = = = = = = = = = = Dated: 18.08.2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.196/2008 of Pothencodu Police Station for offences punishable under Sections 452,324,326 and 427 read with 34 IPC seek to quash Annexure 1 complaint and further proceedings in C.C.No.293/2010 on the file of the J.F.C.M -I, Attingal. 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 18th day of August, 2010. V. RAMKUMAR, JUDGE sj