IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 2978 of 2010() ------------------------- CC.46/2010 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED -------------------------------------------- N.V.KANNAN NAIR, AGED 75 YEARS, S/O.PERIYAL UKKARAN NAIR, EDAPUZHA-KUVATTI, P.O.CHAIYOTH, (VIA) NILESHWAR, KASARAGOD DISTRICT-671 314. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.K.S.BALAKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2978 of 2010 = = = = = = = = = = = = = = Dated: 28.07.2010 ORDER Petitioner, who is the accused in Crime No.9/2009 of Nileshwar Police Station for offences punishable under Sections 379 IPC and Section 3(1) of the Prevention of Damages to Public Property Act, 1984 seeks to quash the FIR and further proceedings in C.C.No.46/2010 on the file of the J.F.C.M-II, Hosdurg. 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 his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 28th day of July, 2010. V. RAMKUMAR, JUDGE sj