IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2745 of 2010() ------------------------- CC.301/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER(S): / ACCUSED --------------- JAFFAR KHAN PATTANATH, AGED 31 YEARS, S/O.MUHAMMED, PATTANATH HOUSE, HIGH SCHOOL PADI,KAKKULAM,P.O.PANDIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S):/ COMPLAINANT --------------- 1. MALAYIL SHAHUL HAMEED, AGED 45 YEARS, S/O.MUHAMMED HAJI(LATE), MALAYIL HOUSE, ORAVUMPURAM, P.O.THACHINGANADAM,MALAPPURAM DIST. PIN - 679325 2. STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, TOWN NORTH, PALAKKAD BY GOVERNMENT PLEADER, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2745 of 2010 = = = = = = = = = = = = = = Dated: 20th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.16/2007 of Pandikkad Police Station for offences punishable under Sections 417 and 420 IPC, seeks to quash all further proceedings in C.C.No.301/2007 on the file of the J.F.C.M Court-II, Perinthalmanna. 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 Crl. M.C. No.2745 of 2010 2 of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 20th day of July, 2010. V. RAMKUMAR, JUDGE dmb