IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Crl.MC.No. 2216 of 2010() ------------------------- CC.625/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): -------------------------- RINI SURESH, W/O.SURESH, AGED 31, KIZHAKKEPLAKKIYIL, PALLIPPURAM P.O., CHERTHALA-688541. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.M.KABANI DINESH SMT.FASHIYA YOUSEFF SRI.C.K.RAFEEK RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.D.DEVARAJ, THANUPARAMBIL, (SHANTHI NIKETHAN), ARYAD SOUTH, CHATHANAD, ALAPPUZHA. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2216 of 2010 = = = = = = = = = = = = = = Dated: 21.06.2010 ORDER Petitioner, who is the accused in Crime No.138 of 2009 of Aroor Police Station for offences punishable under Sections 408 and 418 IPC seeks to quash further proceedings in C.C.No.625/2009 on the file of the J.F.C.M-II, Cherthala. 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 files an application for discharge before the court below through his counsel, that 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 21st day of June, 2010. V. RAMKUMAR, JUDGE sj