IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2604 of 2010() ------------------------- CC.48/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): ACCUSED ------------------------------------------ UMMER FAROOQ, SON OF ABDULLA, C.M.ENTERPRISES, BUILDING MATERIALS & SAND DEALER, PANCHAYAT COMPLEX, SARLAKKATTA, MANGALORE. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2604 of 2010 = = = = = = = = = = = = = = Dated:09.07.2010 ORDER Petitioner, who is the sole accused in C.C No.48/2010 on the file of the J.F.C.M-II, Kannur for an offence punishable under Section 420 IPC, seeks to quash Annexure II and further proceedings. 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 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 9th day of July, 2010. V. RAMKUMAR, JUDGE sj