IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1010 of 2010() ------------------------- CC.1646/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): --------------- SARARAJ.M.S,S/O. SAIDHARAN, AGED 30 YEARS,CHANNAPARAMBIL HOUSE, THUMBOLI PO, PATHIRAPPALLY VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT PIN 688 008. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION,ALAPPUZHA DISTRICT(THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM). 2. CIRCLE INSPECTOR OF POLICE,CHERTHALA POLICE STATION,ALAPPUZA DISTRICT. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1010 of 2010 = = = = = = = = = = = = = = Dated: 24th day of May, 2010 ORDER Petitioner, who is the accused in Crime No.678/2009 of Cherthala Police Station for offences punishable under Section 7 and 8 of the Immoral Traffic (Prevention) Act, 1956, seek to quash final report / charge sheet and all further proceedings in C.C.No.1646/2009 on the file of the Judicial First Class Magistrate Court-I, Cherthala. 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 file 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.1010 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 24th day of May, 2010. V. RAMKUMAR, JUDGE dmb