IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2255 of 2010() ------------------------- CC.12/2010 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): --------------- RAJMOHAN, SUB INSPECTOR OF POLICE, VENMONY, VENMONY P.O.,CHENGANNUR BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SARALA ,LAIJU BHAVAN, KALLIMEL P.O., MAVELIKKARA. 3. VIJAYALEKSHMI,MUZHANGODIYIL VEEDU, JANJUKKADU,KOLLAKADAVU P.O.,CHENGANNUR. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2255 of 2010 = = = = = = = = = = = = = = Dated: 23rd day of June, 2010 ORDER Petitioner, who is the 1st accused in C.C.No.12/2010 on the file of the J.F.C.M Court-I, Mavelikkara, for offences punishable under Sections 341, 354, 323, 294(b), 447 and 448 read with 34 IPC, seeks to quash the complaint and all 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 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 through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.2255 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 23rd day of June, 2010. V. RAMKUMAR, JUDGE dmb