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. 2637 of 2010() ------------------------- CC.132/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II,PUNALUR .................... PETITIONERS: ACCUSED NOS. 1 AND 2 ----------------------------------- 1. G.SUKUMARAN, S/O.GOVINDAN, RESIDING AT EMERALD VILLA, KALLAR, VALAKKODU, PUNALUR, KOLLAM DISTRICT. 2. DEEPU.S., S/O.G.SUKUMARAN, RESIDING AT EMERALD VILLA, KALLAR, VALAKKODU, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. SOORYA KUMAR, S/O.CHELLAPPAN, SUNEESH BHAVAN, KOMALAMKUNNU, PUNALUR. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK 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.2637 of 2010 ---------------------------------- Dated this the 13th day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.684 of 2007 of Punalur Police Station for offences punishable under Sections 452, 341, 323 & 324 read with Section 34 of I.P.C., seek to quash Annexure-A2 Final Report and further proceedings in C.C.No.132/2009 on the file of the Judicial Magistrate of the First Class-II, Punalur. 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 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 application for discharge before the court below Crl.M.C.No.2637/2010 : 2 : 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. Dated this the 13th day of July, 2010. V.RAMKUMAR, JUDGE skj