IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1552 of 2010() ------------------------- SC.740/2004 of Additional Sessions Judge (Adhoc) Fast Track Court-II, Pathanamthitta .................... PETITIONER(S): ACCUSED ---------------------- 1. JOHNY JOY,S/O.JOY JOSEPH,KALLARA KANYIL VEEDU,ARREKKARA KARA,VELIYANNOOR VILLAGE, MEENACHIL TALUK. 2. SAJU PHILIPOSE,S/O.PHILIPOSE,SAJU BHAVAN PUTHEN PEEDIKAYIL,KAIPPUZHA KARA,KULANADA VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENT ------------------------- 1. DY.S.P,C.B.C.I.D,KOTTAYAM. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1552 of 2010 = = = = = = = = = = = = = = Dated: 21st day of May, 2010 ORDER Petitioners, who are the accused in S.C.No.105/2010 on the file of Additional Sessions Judge (Adhoc) Fast Track Court- II, Pathanamthitta, for offences punishable under Sections 55 (a), 55(g), 55(h), 55(i), 57 and 58 of the Kerala Abkari Act and Sections 120B, 272, 201 read with 34 of the I.P.C, seek to quash all further proceedings in S.C.No.105/2010 on the file of Additional Sessions Judge (Adhoc) Fast Track Court-II, Pathanamthitta. 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 Crl. M.C. No. 1552 of 2010 2 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 21st day of May, 2010. V. RAMKUMAR, JUDGE dmb