IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Crl.MC.No. 3113 of 2010() -------------------------------------- SC.6/2008 of I ADDL. ASSISTANT SESSIONS COURT, THRISSUR. CRIME NO.50/2003 OF ANTHIKKAD POLICE STATION, THRISSUR. .................... PETITIONER(S): IST ACCUSED ------------------------ NIJITH, S/O.NELLIPARAMBIL RAMACHANDRAN PUTHENPEEDIKA, VALLOOR DESOM, ANTHIKAD VILLAGE. BY ADVS. SRI.R.PARTHASARATHY SRI.C.JAYACHANDRAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATION HOUSE OFFICER,ANTHIKAD POLICE STATION, ANTHIKAD, THRISSUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.S.HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3113 of 2010 = = = = = = = = = = = = = = Dated: 5th day of August, 2010 ORDER Petitioner, who is the 1st accused in Crime No.50/2003 of Anthikad Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 IPC and whose case after it was split up from S.C.No.592/2003 on the file of the First Additional Assistant Sessions Court, Thrissur, is now pending before the same Court as S.C.No.6/2008, seeks to quash the proceedings against him. 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 an Crl. M.C. No.3113 of 2010 2 application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. 4. The petitioner may also produce material before the trial court to the effect that the matter has since been settled between the injured and the petitioner and also that the co-accused have been acquitted after trial in S.C.No.592/2003. Warrants if any pending against the petitioner shall not be executed, if the petitioner files the petition for discharge within two weeks. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 5th day of August, 2010. V. RAMKUMAR, JUDGE dmb