IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1020 of 2010() ------------------------- CC.344/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): ACCUSED ------------------------------------------ ABDUL RAFEEQ, S/O.ADRU KIRAKANDATHIL, PATHIRIYIL HOUSE, KODUVALLY, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): STATE & DEFACTO COMPLAINANT -------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL LATHEEF, S/O.MUHAMMED KOTHOOR, KOTHOOR HOUSE, KODUVALLY AMSOM, KOZHIKODE. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1020 of 2010 = = = = = = = = = = = = = = Dated:31.05.2010 ORDER Petitioner, who is the accused in Crime No.231/2008 of Koduvally Police Station for an offence punishable under Section 420 IPC, seeks to quash Annexure 3 and further proceedings in C.C.No.344/2008 on the file of the J.F.C.M-I, Thamarassery. 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 31st day of May, 2010. V. RAMKUMAR, JUDGE sj