IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Crl.MC.No. 3227 of 2010() ------------------------------------ CRIME NO.442/2006 OF THE PALAKKAD TOWN NORTH POLICES STATION. ............. PETITIONER(S): ACCUSED NO.3 --------------------------------------------- IBRAHIM @ IMBAYI,S/O.HAMZA,AGED 38 YEARS KURIKAPPULLI HOUSE,PUZHANKARA,PALLIPPURAM.PO, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE,TOWN NORTH POLICE STATION IN CRIME NO.442/2006). BY PUBLIC PROSECUTOR SRI.C.S.HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3227 of 2010 = = = = = = = = = = = = = = Dated: 6th August, 2010 ORDER Petitioner who is the accused in Crime No. 442 of 2006 of Palakkad Town North Police Station for an offence punishable under Section 420 I.P.C. seeks to quash the proceedings in the above crime. 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 6th day of August, 2010. Sd/-V. RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge