IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 1190 of 2010() ------------------------- CC.103/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PATHANAMTHITTA (CRIME NO.65/2006 OF KOIPURAM POLICE STATION) .................... PETITIONER(S): --------------- 1. JOHNKOSHY, S/O.YOHANNAN EDATHIL HOUSE, PRAKKANAM MURI CHENNEERKARA VILLAGE, PATHANAMTHITTA. 2. JULIE YOHANNAN VAKANILKUNNATHIL VEEDU, KARIKULAM MURI MADAMON, ATHIKAYAM VILLAGE,PATHANAMTHITTA DISTRICT BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. 2. ROY P.SAMUEL PUNNOOR HOUSE, THEKKEMALA PO KOZHENCHERRY VILLAGE,PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU SRI.SERGI JOSEPH THOMAS FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1190 of 2010 = = = = = = = = = = = = = = Dated: 1st day of July 2010 ORDER Petitioners, who are accused Nos.1 and 3 in C.C.No.103/2009 on the file of the J.F.C.M Court-II, Pathanamthitta, for offences punishable under Sections 323, 324 and 427 read with 34 IPC, seek to quash Annexure A1 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 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 through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. Crl. M.C. No. 1190 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 1st day of July, 2010. V. RAMKUMAR, JUDGE dmb