IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2999 of 2010() ------------------------- C.P.NO.3/2008 OF J.F.C.M COURT-I, PERINTHALMANNA .................... PETITIONER(S): ACCUSED: ----------------------- SHAHUL HAMEED, S/O.KOMUKUTTY, KARUVAKKATTIL HOUSE, ALINCHUVADU, KUTTIPURAM, KOTTACKAL, MALAPPURAM DISTRICT. BY ADV. SRI.SHIRAZ ABDULLA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The Lower Court Case No.“C.P.No.3/2008 of Judicial First Class Magistrate Court-I, Perinthalmanna” shown in the cause title of the final order dated 28.7.2010 in Crl.M.C.2999/2010 is corrected as “C.P.No.9/2008 of Judicial First Class Magistrate Court-I, Perinthalmanna” as per the order dated 02.9.2010 in Crl.M.A.5296/2010 in Crl.M.C.2999/2010. Sd/- Assistant Registrar V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2999 of 2010 = = = = = = = = = = = = = = Dated: 28th day of July, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.180/2006 of Kolathur Police Station for an offence punishable under Section 489(B) read with 34 IPC, seeks to quash all further proceedings in C.P.No.3/2008 on the file of the J.F.C.M Court-II, Perinthalmanna. 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 Sessions Court, after committal. 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 at the stage of 227 Cr.P.C. Accordingly, if the petitioner files an application for discharge before the Sessions Court through his counsel, that court shall not insist Crl. M.C. No.2999 of 2010 2 on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner will be entitled to highlight the fact that the co-accused in the case were acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 28th day of July, 2010. Sd/- V. RAMKUMAR, JUDGE dmb “C.P.No.3/2008” occurring in the 4th line of the first paragraph of the final order dated 28.7.2010 in Crl.M.C.2999/2010 is corrected as “C.P.No.9/2008” as per the order dated 02.9.2010 in Crl.M.A.5296/2010 in Crl.M.C.2999/2010. Sd/- Registrar (Judicial)