IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Crl.MC.No. 4256 of 2010() ------------------------------------- C.C.1055/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, N.PARAVUR. ................... PETITIONERS/ACCUSED: ------------------------------------- 1. K.B. SATHIDEVI, AGED 63 YEARS, D/O.BHANUMATHI AMMA, VADAKKE KEERANKARA HOUSE, ANANDAVILASAM, KOTTAPPURAM, ALANGAD VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN-683 511. 2. HARIKUMAR, AGED 32 YEARS, S/O.RAGHAVAN, BHAKTHI NIVAS, KOTTAPPURAM, DO. DO. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) RESPONDENTS/DEFACTO COMPLAINANTS & STATE: ------------------------------------------------------------------------------ 1. CHANDRASEKHARAN PILLAI, AGED 55 YEARS, S/O.SANKARA PILLAI, `SREE SARAS' EAST KADUNGALLUR, KADUNGALLUR VILLAGE, U.C.COLLEGE P.O., PARAVUR TALUK, ERNAKULAM DISTRICT, PIN-683 102. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ....................................................... Crl.M.C..No. 4256 of 2010 ......................................................... Dated: 19th November, 2010 ORDER Petitioners, who are the accused in C.C. No. 1055 of 2009 on the file of the Judl. First Class Magistrate, North Paravur for offences punishable under Sections 120 (b), 417, 418 and 420 I.P.C. seek to quash the proceedings in Annexure D charge in the above C.C. 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 Crl.M.C..No. 4256 of 2010 -:2:- application for discharge before the court below through their 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 19th day of November, 2010. V. RAMKUMAR, JUDGE ani/