IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3320 of 2010() ------------------------- CC.78/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): ACCUSED 1 TO 6 ----------------------------- 1. RANEESH, AGED 22, S/O.PRAKASHAN, SUDHA NIVAS, FEROCK COLLEGE P.O., KOZHIKODE DISTRICT. 2. JITHIN.N.T., AGED 22, S/O.APPUTTY, NANATHADITHODI HOUSE, PANTHEERANKAVU P.O., KOZHIKODE. 3. VARUN T.K., AGED 23, S/O.GANGADHARAN, 'VANDANAM' VYDYARANGADI P.O., MALAPPURAM. 4. UNNIKRISHNAN.P., AGED 23, S/O.VASUDEVAN NAMBOODIRI, ORKATERI P.O., KOZHIKODE. 5. RIYAS.P.P., AGED 23, S/O.MOHAMMED A.P., ADUKKATH PARAMBATH, PAVANOOR P.O., NARIKKUNI, KOZHIKODE. 6. UMMER FAROOK, AGED 22, S/O.SULAIMAN, KANDIYIL THAZHAM HOUSE, GURUVAYOORAPPAN COLLEGE PO KOZHIKODE. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENT(S): DEFACTO COMPLAINANT/STATE ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE REP.BY PUBLIC PROSECUTOR. 2. MOHASIN, S/O.MUSTAFA, AGED 22 YEARS THANUJA MANZIL(H), KEETHARA PARAMBA (PO) VENGERI, KOZHIKKODE BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3320 of 2010 = = = = = = = = = = = = = = Dated:20th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 6 in C.C.No.78/2008 on the file of the Chief Judicial Magistrate Court, Kozhikkode for offences punishable under Sections 143, 147, 341, 323 and 326 read with 149 IPC, seek to quash Annexure A1 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. Petitioners may also highlight Crl.M.C. No. 3320 OF 2010 : 2 : the fact that the matter has since been settled between the de facto complainant and the petitioners. Accordingly, if the petitioners file an 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 20th day of August, 2010. V. RAMKUMAR, JUDGE dmb