IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2188 of 2010() ------------------------- CC.149/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): --------------- T.P.ABDUL NAZAR, S/O.T.P.MAHIN THEKKIL FERRY, THEKKIL FERRY PO, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2188 of 2010 = = = = = = = = = = = = = = Dated:18th day of June, 2010 ORDER Petitioner, who is the accused in C.C.No.149/2009 on the file of Chief Judicial Magistrate Court, Kasaragod, for offences punishable under Sections 406 and 420 IPC, seeks to quash Annexure VIII and all further 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. Crl.M.C..No. 2188 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 18th day of June, 2010. V. RAMKUMAR, JUDGE dmb