IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Crl.MC.No. 2657 of 2010() ------------------------- CC.545/2009 of JUDL.MAGISTRATE OF FIRST CLASS,-I, MAVELIKKARA .................... PETITIONER(S): ---------- ANOOP JOSE, S.I. OF POLICE, KURATHIKADU POLICE STATION, ALAPPUZHA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNIL, S/O.RAGHAVAN, THRUTHITHARAYIL VEETTIL, THEKKAKKARA VILLAGE, MAVELIKKARA, PIN CODE 690101. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ...................................................... Crl.M.C.No. 2657 of 2010 ................................................... Dated: 13th day of July, 2010 ORDER Petitioner is the accused in C.C. No. 545 of 2009 on the file of the J.F.C.M.I. Mavelikkara for offences punishable under Sections 294 (b), 355, 342, 348, 330 and 466 I.P.C. seeks to quash all further proceedings in C.C.No. 545 of 2010 pending before the same Court. 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 his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner will be entitled to raise the question of prosecution sanction also. This Crl.M.C is disposed of reserving the above right of the petitioner. V. RAMKUMAR, JUDGE ani/