IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1194 of 2010() ------------------------- CC.389/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED NO.15: --------------------------------------------------- JIJESH, AGED 27 YEARS, S/O.SASIDHARAN NAIR, C.V.BHAVAN,BALARAMAPURAM, ATHIYANNOOR, VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANIL RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.K.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1194 of 2010 = = = = = = = = = = = = = = Dated: 26th day of May, 2010 ORDER Petitioner, who is the 15th accused in C.C.No.389/2009 on the file of the Additional C.J.M, Thiruvananthapuram for offences punishable under Sections 120 (B), 109, 406, 409, 420, 465, 471, 202, 212 read with 34 IPC and 45(5) of the Reserve Bank of India Act 1934 , seeks to quash Annexurre C final report and all further proceedings in C.C.No.389/2009 on the file of the Additional C.J.M, Thiruvananthapuram. 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 notwithstanding the warrant against him. Accordingly if the petitioner files an application for discharge before the court below through their counsel, that Crl. M.C. No.1194 of 2010 2 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 26th day of May, 2010. Sd/- V. RAMKUMAR, JUDGE dmb The number “C.C.No.389/2009” occurring in the first paragraph of the order dated 26/05/2010 in Crl.M.C No.1194/2010 is corrected and substituted as “C.C.No.398/2009” as per order dated 23/06/2010 in Crl.M.A.No.3561/2010 in Crl.M.C.No.1194/2010. Sd/- Registrar (Judicial)