IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 893 of 2010() ------------------------ CC.No.70/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER: ACCUSED ---------------------- M.SATHEESH KUMAR, PREM NIVAS, MATTADI PO, PORORA, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, IRIKKUR POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IRITTY. 3. DEPUTY SUPERINTENDENT OF POLICE, KANNUR. 4. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. R5: C.MOHANAN, S/O.KUMARAN, CHENANDY HOUSE, CHOOLIYAD, MALAPPURAM, KANNUR DISTRICT. ADDL. R6: KUNHIKANNAN, S/O.KORAN, C/O.PADAN BALAN, ADICHATTIL, NEAR KUMMANAD PANCHAYATHKINAR, MURAGHA.P.O., KANNUR DISTRICT. ADDITIONAL R5 AND R6 IMPLEADED AS PER THE ORDER DATED 9/4/2010 IN CR.M.A.1950/10. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------ Crl.M.C.No.893 of 2010 ----------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioner, who is the sole accused in C.C.No.70/2010 on the file of the Judicial Magistrate of the First Class-II, Kannur for an offence punishable under Section 498A I.P.C., seeks to quash Annexure-I Final Report and further proceedings. 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.893/2010 : 2 : through his counsel, that court shall not insist on the personal appearance 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 7th day of July, 2010. V.RAMKUMAR, JUDGE skj