IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2404 of 2010() ------------------------- LP.41/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER/ACCUSED NO.1: --------------- SHANAVAS AGED 26 YEARS, S/O.AHAMMED KUNJU, CHAVADI PARAMBIL, SANATHAPURAM WARD ALAPPUZHA. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED HUSSAIN AGED 33 YEARS, S/O.MUHAMMED SALIM, PULIKKAL PARAMBIL, ALISSERY WARD ALAPPUZHA. 3. SAJEER, THAIPARAMBIL LAJNATHU WARD, AGED 29 YEARS, S/O.SAMAD, ALAPPUZHA. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2404 of 2010 -------------------------------------- Dated this the 30th day of June, 2010 ORDER Petitioner, who is the first accused in Crime No.343/04 of Alappuzha South Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324 & 308 I.P.C., seeks to quash Annexure A1 charge sheet and further proceedings in L.P.No.41/06 on the file of the Judicial Magistrate of the First Class-I, Alappuzha. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2404/2010 : 2 : through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. 4. Petitioner may also highlight the fact that the co-accused in the case has been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 30th day of June, 2010. V.RAMKUMAR, JUDGE skj