IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1808 of 2010() ------------------------- CC.61/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S): ACCUSED -------------------------------------------- A. RAHIM, S/O.MUHAMMED KUNJU, AGED 53 YEARS, RAHINALAYAM, KAVALADI, PORUVAZHI POST, KOLLAM. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O., TOWN SOUTH POLICE STATION, PALAKKAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1808 of 2010 = = = = = = = = = = = = = = Dated:26.05.2010 ORDER Petitioner, who is the sole accused in Crime No.146 of 2009 of Town South Police Station, Palakkad for an offence punishable under Section 354 IPC, seeks to quash all further proceedings in C.C.No.61 of 2010 on the file of the J.F.C.M- III, Palakkad. 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 petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1808 of 2010 2 The learned Magistrate shall also consider the affidavit stated to have been filed by the de facto complainant / Beena Kumari before the J.F.C.M, Chittoor and also before the Superintendent of Sub Jail, Palakkad to the effect that she had made a false allegation against the petitioner only to get bail from the court. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 26th day of May, 2010. V. RAMKUMAR, JUDGE sj