IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1906 of 2010() ------------------------- CC.296/2006 & CC.990/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): ACCUSED NO.1: -------------------------------------------------- PADMAKUMAR, AGED 55 YEARS, S/O.GOVINDA PILLAI, KOTTAMPPALLI PEROORKONAM VEETIL, KARINGAL MURI, MARANALLOOR VILLAGE, THIRUVANANTHAPRUAM DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION. 2. RAMACHANDRAN NAIR, AGED 42 YEARS, S/O,APPUKKUTTAN NAIR, KARINGAL KAVUM PUTHEN VEETIL, KUNDALA MURI, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPRUAM DISTRICT, NOW RESIDING AT GURUKRIPA, KAZHUKALTHITTA, KANYAKUMARI DISTRICT, TAMIL NADU. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R3 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1906 OF 2010 -------------------------------------- Dated this the 7th day of June, 2010 ORDER Petitioner, who is the sole accused in C.C.No.296/06 (police charge case) and who is one of the accused in C.C.No.990/07 (Private complaint) on the file of the J.F.C.M Court, Kattakada for an offence punishable under Section 420 IPC, seeks to quash the above proceedings against him. In both the above cases the court is yet to consider the question of framing charge against the accused. The proper course of action for the petitioner would be to permit him to plead for a discharge under Section 239 Cr.P.C in the case of C.C.No.296/06 and under Section 245 Cr.P.C in the case of C.C.No.990/07. In case the petitioner files an application for discharge in both the above cases at the appropriate stage, in absentia, the court below shall not insist upon his appearance for the disposal of the said application. V.RAMKUMAR, JUDGE dmb