IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 3063 of 2010() ------------------------- CC.172/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): ACCUSED 1 AND 2: ------------------------------- 1. NANDAKISHORE, AGED 43, S/O.KARUNAKARAN NAIR, KARTHIKA HOUSE, THIRUVANCHOOR P.O., KOTTAYAM, NOW RESIDING AT C/O.HARI, PERUMPOOVATHIL HOUSE, NEAR MANDIRAM JUNCTION, ANICKADU, (PALLICHATHODE). 2. DEEPTHI S.NAIR, AGED 35, W/O.NANDAKISHORE, KARTHIKA HOUSE, THIRUVANCHOOR P.O., KOTTAYAM, NOW RESIDING AT C/O.HARI, PERUMPOOVATHIL HOUSE, NEAR MANDIRAM JUNCTION, ANICKADU, (PALLICHATHODE). BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): STATE: --------------------- 1. PRATHEESH K.NAIR, AGED 38, S/O.C.N.KARUNAKARAN NAIR, NANDA NIVAS, THIRUVANCHOOR P.O., KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3063 of 2010 = = = = = = = = = = = = = = Dated:30th day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.172/2010 on the file of the J.F.C.M Court-I, Kanjirappally for offences punishable under Sections 403, 406 and 506(2) read with 34 IPC, seek to quash Annexure A1 complaint and 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 petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners 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 petitioners to plead for a discharge in absentia. Accordingly, if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance Crl. M.C. No. 3063 of 2010 2 of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 30th day of July, 2010. V. RAMKUMAR, JUDGE dmb