IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Crl.MC.No. 2473 of 2010() ------------------------- CC.55/2009 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): ACCUSED ---------------------------------------------- 1. MAHAVEER CHAND KHARIVAL, AGED 39 YEARS, S/O.DHARMACHAND KHARIVAL, PROPRIETOR, MAHAVEER CHAND KHARIVAL FINANCE, NO.15(OLD 34), ERALAPPAN STREET, SOWKARPET, CHENNAI, TAMIL NADU. 2. HARIS, S/O.KOYAKUTTY, AGED 31 YEARS, THACHARAMBAN HOUSE, KIDANGAZHI, KARUVAMBRAM P.O., MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KONDOTTY, HIGH COURT OF KERALA, ERNAKULAM. 2. K.V.ABDUL SALEEM, S/O.MAMADKUTTY, MADATHIL VELLACHALIL HOUSE, VALIYAPARAMBU P.O., KOTTAPPURAM, PULIKKAL, KONDOTTY, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2473 of 2010 = = = = = = = = = = = = = = Dated: 05.07.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.900/2007 of Kondotty Police Station for offences punishable under Sections 379,506 (ii) and 394 read with 34 IPC seek to quash all further proceedings in C.C.No.55/2009 on the file of the J.F.C.M, Malappuram. 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 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 5th day of July, 2010. V. RAMKUMAR, JUDGE sj