IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 1002 of 2008() ------------------------- CC.1538/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: ------------ RAMESH GUPTA, MANAGING DIRECTOR, GETIT YELLOW PAGES, 31 CUNNIGHAM ROAD, BANGALORE - 560052 BY ADV. SRI.BABU PAUL RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. J.P. ALEXANDER, PROPRIETOR, M/S. GENESIS ELECTRONICS, ST.BENEDICT ROAD, KOCHI - 18 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON 06/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * Crl.M.C. No. 1002 of 2008 * * * * * * * * * * * * * * * * * * Dated: 06-03-2008 ORDER The petitioner who is the first accused in C.C. 1583 of 2003 on the file of the J.F.C.M. II, Ernakulam for offences punishable under Sections 420 and 463 read with Sec. 34 I.P.C. seeks to quash the final report in C.C. No. 1538 of 2003 referred to above. 2. Admittedly, cognizance of the offence was taken as early as in 2003 and what remains immediately to be done is to frame the court charge. The petitioner would have it that the matter has since been settled between him and the de facto complainant. That is a matter for the trial court to take into account. The only course now open to the petitioner is to plead for a discharge. The petitioner is permitted to plead for a discharge in absentia . This Crl.R.P. is accordingly disposed of permitting the petitioner to plead for a discharge in absentia. In case, the petitioner files an application in that behalf within three weeks from today, the same shall be considered and disposed of without insisting on the personal appearance of the petitioner. V. RAMKUMAR, (JUDGE) ani. -:2:-