IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Crl.MC.No. 465 of 2008() ------------------------ CMP.7359/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER: ACCUSED ------------------- G.SUBHASH, S/O.GOPALA PILLAI, KALIAMVILAKAM VEEDU, KURUMANDAL, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.GOVIND K.BHARATHAN (SR.) SRI.S.K.MADHU SRI.C.P.KUNJHIKANNAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. 2. VIJAYASREELAN NAIR, PULIMOOTTIL K.G.BHAVAN, KURUMANDAL CHERI, PARAVOOR, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 465 of 2008 * * * * * * * * * * * * * * * * * * Dated: 12-02-2008 ORDER Petitioner who is the President of the NSS Karayogam, Paravoor seeks to quash Annexure A2 F.I.R. in Crime No. 370 of 2006 of Paravoor Police Station registered for offences punishable under Sections 403, 406, 409, 418, 426, 465,467, 468, 473, 474 and 201 I.P.C. A report was called for from the J.F.C.M. Paravur as to whether the final report has been filed in the above crime and if so, whether cognizance has been taken. As per the report dated 4-2- 2008 the learned Magistrate has stated that the final report was filed on 4-11-2007 and cognizance has been taken for offences punishable under Sections 406, 420, 465, 467, 473 and 2001 I.P.C. and the case has been taken on file as C.C. 645 of 2007. If so, the proper course of action for the petitioner would be to seek a discharge before the learned Magistrate. In case, the petitioner files an application for discharge, he shall be permitted to file and prosecute the same in absentia through his counsel and the learned magistrate shall consider his contentions and pass appropriate orders, according to law, without insisting on his personal appearance. This Crl. M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.