IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2557 of 2010() ------------------------- SC.668/2010 of THE PRINCIPAL SESSIONS COURT, KOLLAM .................... PETITIONER(S): ACCUSED: -------------------- 1. SAJU @ MUHAMMAD, S/O.SADIDHARAN, RESIDING AT KALLUVILA PUTHEN VEEDU, ADHICHANALLUR P.O., KUNDUMON, KOLLAM. 2. AMINA, W/O.MUHAMMAD, RESIDING AT KALLUVILA PUTHEN VEEDU, ADHICHANALLUR P.O., KUNDUMON, KOLLAM. BY ADV. SRI.V.V.RAJA RESPONDENT(S): DEFACTO COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABBAS, AGED 43 YEARS, S/O.MUHAMMAD KUNJU, KALLUVILA PUTHEN VEEDU, ADHICHANALLUR, KUNDUMON, KOLLAM. 3. SAFIYA BEEVI, W/O.ABBAS, KALLUVILA PUTHEN VEEDU, ADHICHANALLUR, KUNDUMON, KOLLAM. PUBLIC PROSECUTOR SRI. C.S. HRITHICK ADV. SMT.S.SIKKY FOR R2,3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................... Crl.M.C.No. 2557 of 2010 .................................. Date: 08-07-2010 ORDER Petitioners who are the accused in Crime No. 683 of 2007 of Chathannur Police Station for an offence punishable under Sec. 366 I.P.C. and whose case is now pending as S.C. No. 668 of 2000 on the file of the Principal Sessions Court, Kollam seek to quash Annexure 2 final report and all further proceedings against the petitioners in the above Sessions Case. 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 petitioners file an Crl.M.C.No. 2557 of 2010 -:2:- application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. In case, the learned Sessions Judge frames the charge against the petitioners, they will be entitled to file a petition for personal exemption. In case they file such an application incorporating the necessary averments the learned Sessions Judge shall grant the same since if the question of identity of the petitioners does not arise for consideration. Dated this the 8th day of July, 2010. Sd/-V. RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge