IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2195 of 2010() ------------------------- CRIME NO.840/2009 OF PANDALAM POLICE STATION C.C.NO.14/2010 OF CDRF, PATHANAMTHITTA PETITIONER(S): ACCUSED ----------------------------------------- JIMMY JOSEPH @ IGNATIOUS MANAGER, M/S. MALABAR PACKERS AND MOVERS 147,GAUTAM NAGAR, NEW DELHI 110049. BY ADV. SRI.C.C.ABRAHAM SRI.SAJIKUMAR.K.K. RESPONDENT(S): --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PANDALAM POLICE STATION. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2195 of 2010 = = = = = = = = = = = = = = Dated:18.06.2010 ORDER Petitioner, who is the accused in Crime No.840 of 2009 of Pandalam Police Station for an offence punishable under Sections 406 IPC seeks to quash Annexure A1 FIR and further proceedings in C.C.No.14/2010 on the file of the CDRF, Pathanamthitta. 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 18th day of June, 2010. V. RAMKUMAR, JUDGE sj