IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2940 of 2010() ------------------------- SC.1045/2009 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM .................... PETITIONER(S): 5TH ACCUSED ---------------------------------------------------- ANUDEV, S/O. DEVAN, AGED 30 YEARS, 'UTHREN', ANACHAL, VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR SRI.V.SIVAKUMAR RESPONDENT(S): COMPLAINANT --------------------------------------------------- THE STATION HOUSE OFFICER, VENJARAMOODU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2940 of 2010 = = = = = = = = = = = = = = Dated: 26.07.2010 ORDER Petitioner, who is the accused in Crime No.392/2003 of Venjaramoodu Police Station for offences punishable under Sections 143,147,323,324,452 and 308 read with 149 IPC, seeks to quash all further proceedings in S.C.No.1045/2009 on the file of the Additional District and Sessions Court(Fast Track-II), Thiruvananthapuram. 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. The petitioner may highlight the factum of settlement of the disputes between the rest of the accused and the de facto complainant and his son. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 26th day of July, 2010. sj V. RAMKUMAR, JUDGE