IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 969 of 2010() ------------------------ CC.105/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- LAKSHMI,D/O.ARAVINDAKSHA MENON,KONGAD HOUSE, "HARI", POONKUNNAM, THRISSUR. BY ADVS. SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENT(S): STATE & DEFACTO-COMPLAINANT: --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SWAPNA, OTTILATHU HOUSE, CAPITAL HOMES- G-25, POONKUNNAM, THRISSUR. R1 BY PUBLIC PROSECUTOR SRI. HRITWIK THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.969 of 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Petitioner, who is the accused in Crime No.375 of 2009 of Thrissur Town West Police Station for offences punishable under Section 420 I.P.C., seeks to quash Annexure-B Final Report in Crime No.375/2009 of Thrissur Town West Police Station and all further proceedings in C.C.No.105/2009 on the file of the Chief Judicial Magistrate Court, Thrissur. 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 Crl.M.C.No.969/2010 : 2 : an application for discharge before the court below through her counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 1st day of June, 2010. V.RAMKUMAR, JUDGE skj