IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2755 of 2010() ------------------------- CC.307/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 & 2 ---------------------- 1. S.SYAMALAKUMARI AMMA, AGED 63 YEARS, D/O.SARADA AMMA, T.C.4/1024(2), KOWDIYAR P.O., KURAVANKONAM, THIRUVANANTHAPURAM-695 003. 2. AHITHA KUMARI, AGED 41 YEARS, D/O.SYAMALAKUMARI AMMA, T.C.4/1024(2), KOWDIYAR P.O., KURAVANKONAM, THIRUVANANTHAPURAM-695 003. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): COMPLAINANTS/STATE --------------------------------- 1. STATE OF KERALA (CRIME NO.237/2009 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHRI.V.ASHOK KUMAR, AGED 39 YEARS, S/O.VELAPPAN, T.C.4/964, MACHAVANCHERRY HOUSE, MARKET ROAD, PARAMBUKONAM, KURAVANKONAM, THIRUVANANTHAPURAM-695 003. 3. SHRI.V.SATHEESH KUMAR, AGED 48 YEARS, S/O.VELAPPAN, T.C.4/964, MACHAVANCHERRY HOUSE, MARKET ROAD, PARAMBUKONAM, KURAVANKONAM, THIRUVANANTHAPURAM-695 003. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2755 of 2010 = = = = = = = = = = = = = = Dated:20th day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C..No.307/2009 on the file of the J.F.C.M Court-II, Thiruvananthapuram for offences punishable under Sections 294(b), 324 and 427 read with 34 IPC, seek to quash Annexure A charge sheet cum final report 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 Crl. M.C. No. 2755 of 2010 2 counsel, that court shall not insist on the personal appearance 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 20th day of July, 2010. V. RAMKUMAR, JUDGE dmb