IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1689 of 2010() ------------------------- CC.834/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER(S): --------------- VELUNNI ALIAS.R.V.UNNI, S/O.RAJU, THUNDATHIL HOUSE, KAVALAPPAD P.O., PALAKKAD. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSEPCTOR OF POLICE, KOLLENGODE POLICE STATION,KOLLENGODE , PALAKKAD. 3. VIJAYAN, S/O.VELUKUTTY,EDACHIRA, NENMENI P.O., KOLLENGODE. 4. SUBRAMANIAN, S/O.VELAYAUDHAN, H.NO.V/448, VADAKKEPURA, KOTTAYI P.O., ALATHUR TALUK, PALAKKAD DISTRICT. 5. GOPINATH, S/O.NEELAKANTAN, PAMPOORAMPARA, KARIPODE, PALAKKAD DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.5.2010 AND THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1689 of 2010 = = = = = = = = = = = = = = Dated: 26th day of May 2010 ORDER Petitioner, who is the third accused in Crime No.236/2007 of Kollengode Police Station, Palakkad for offences punishable under Section 102 Cr.P.C, seeks to quash Annexure A1 and all further proceedings in C.C.No.843/2009 on the file of the Judicial First Class Magistrate Court, Chittoor. 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 their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1689 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 26th day of May, 2010. V. RAMKUMAR, JUDGE dmb