IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 1526 of 2010() ------------------------- CC.470/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): A1 & A2 ---------------------- 1. COLOURS OF THE WORLD ADVERTISING, IIND FLOOR, SOORYA TOWERS, KUNNATHURMEDU, PALAKKAD, REPRESENTED BY ITS PROPRIETOR, SREEKUMAR, S/O.ARAVINDAKSHA MENON. 2. SREEKUMAR, AGED ABOUT 34, S/O.ARAVINDAKSHA MENON, PROPRIETOR, COLOURS OF THE WORLD ADVERTISING, IIND FLOOR, SOORYA TOWERS, KUNNATHURMEDU, PALAKKAD, BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- 1. MALAYALAM COMMUNICATIONS LTD., VADAKKEKOTTARAM, PADMAVILASAM ROAD, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SENIOR GENERAL MANAGER(FINANCE) MR.VENKITTARAMAN. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 1526 of 2010 = = = = = = = = = = = = = = Dated:18th day of June, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.470/2009 on the file of A.C.J.M Court, Thiruvananthapuram for offences punishable under Section 420 IPC, seek to quash Annexure I complaint and all further 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 Crl.M.C..No. 1526 of 2010 2 appearance 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 18th day of June, 2010. V. RAMKUMAR, JUDGE dmb