IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3336 of 2010() ------------------------- CC.561/2009 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): 1ST AND 2ND ACCUSED: ----------------------------------- 1. USMAN, S/O.ALAM BROHI, (R/O) AVALI, MAKKA, SAUDI ARABIA. 2. AL-SHEREEF, S/O.SAFAR OKAB, (R/O) AVALI, MAKKA, SAUDI ARABIA. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT(S): COMPLAINANTS: ---------------------------- STATE OF KERALA, REPRESENTED BY SHO OF NADAKKAVU POLICE STAITON, KOZHIKODE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3336 of 2010 = = = = = = = = = = = = = = Dated:16th day of August, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.561/2009 on the file of the J.F.C.M Court-IV, Kozhikkode for offences punishable under Sections 14(b) and 14C of the Foreigners Act 1946, seek to quash order dated 26.6.2010 and further proceedings referred to in Annexure VII. 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 Crl. M.C. No. 3336 of 2010 2 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 16th day of August, 2010. V. RAMKUMAR, JUDGE dmb