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. 3181 of 2010() ------------------------- SC.25/2010 of ADDL. DIST. & SESSIONS JUDGE, ADHOC-II, KASARAGOD .................... PETITIONER(S): 4TH ACCUSED: --------------------------- HAMJATH SHAHEEN, S/O.B.K.MAHIN, NH 17, MUTTATHODY P.O., KASARGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHWIK 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. 3181 of 2010 = = = = = = = = = = = = = = Dated: 20th day of August, 2010 ORDER Petitioner, who is the 4th accused in S.C.No.25/2010 on the file of the Additional District and Sessions Judge, Adhoc-II, Kasaragod for offences punishable under Sections 143, 147, 148, 323, 324, 341 and 308 IPC, seeks to quash Annexure-I 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 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 Crl. M.C. No. 3181 of 2010 2 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 20th day of August, 2010. V. RAMKUMAR, JUDGE dmb