IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1736 of 2010() ------------------------- CC.833/2009 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): 1. K.BIJU, S/O.GOVINDAN, ELIYAN HOUSE PATHIYATHERU, P.O.PATHYAKUNNU PATTIYAM AMSOM,AND DESOM, THALASSERI TALUK. 2. ELIYA BHARGAVI, D/O.GOVINDAN AGED 52 YEARS, ELEYA HOUSE PATHIYATHERU, P.O.PATHAYAKUNNU, PATTIYAM AMSOM AND DESOM, THALASSERI TALUK. 3. ELIYAN RAMACHANDRAN, S/O.GOVINDAN AGED 54 YEARS, SIVAPRIYAM PATTIYAM,PUTHIYATHERU, P.O.POATHAYAKUNNU. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. SREEDEVI, D/O. VALAYUTHAN, AGED 29 YEARS, "OMKAR HOUSE" HOUSE NO.29/1266 K.T.GOPALAN ROAD, KOTTOOLI AMSOM, AND DESOM KOZHIKODE-16 WITHIN THE LOCAL LIMITS OF KOZHIKODE MEDICAL COLLEGE POLICE STATION) PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1736 of 2010 = = = = = = = = = = = = = = Dated:20.05.2010 ORDER Petitioners, who are accused Nos. 1 to 3 in Crime No.439 of Kunnamangalam Police Station for offences punishable under Sections 498A and 406 read with 34 IPC seek to quash further proceedings in C.C.No.833 of 2009 on the file of the J.F.C.M, Kunnamangalam. 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 May, 2010. V. RAMKUMAR, JUDGE sj