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. 1592 of 2010() ------------------------- CC.624/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): ACCUSED 1 AND 2 ------------------------------ 1. PONNAMMA, D/O.SULOCHANA, VALIYAVILA PUTHENVEEDU, PARAKKAL MURI, THALAKKONAM. 2. SOBHA, D/O.SULOCHANA, VALIYAVILA PUTHENVEEDU, PARAKKAL MURI, THALAKKONAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, KATTAKADA POLICE STATION, KATTAKKADA, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1592 of 2010 = = = = = = = = = = = = = = Dated: 26th day of May, 2010 ORDER Petitioners, who are accused Nos. 1 and 2 in Crime No.224/2008 of Kattakada Police Station for offences punishable under Sections 324 and 294 (b) of IPC, seek to quash Annexure-II and all further proceedings in C.C.No.624/2008 on the file of the Judicial First Class Magistrate Court, Kattakada. 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 of the petitioners for the disposal of the discharge petition. Crl. M.C. No.1592 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 26th day of May, 2010. V. RAMKUMAR, JUDGE dmb