IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 934 of 2010() ------------------------ CP.130/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER(S): ACCUSED ---------------------- OYINJIKKARA FIROSE, S/O.POKER, OYINJIKKARA HOUSE, VALAYAM AMSOM, DESOM, VADAKARA. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): STATE AND DE-FACTO COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE, VALAYAM POLICE STATION. 2. ABDULLA, S/O.KUNJAMMADKUTTY, KANDOTH HOUSE, VALAYAM AMSOM DESOM, VATAKARA TQ., KOZHIKODE DISTRICT. BY PUBLLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.934 of 2010 = = = = = = = = = = = = = = Dated: 21st day of May, 2010 ORDER Petitioner, who is the accused in Crime No.226/2002 of Valayam Police Station for offences punishable under Sections 308 of the Indian Penal Code and under section 3 and 5 of Explosive Substance Act, seeks to quash Annexure II final report and all further proceedings in C.P.No.130/2008 on the file of the Judicial First Class Magistrate Court, Nadapuram. 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 file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.934 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 21st day of May, 2010. V. RAMKUMAR, JUDGE dmb