IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Crl.MC.No. 1478 of 2010() ------------------------- CC.3839/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED. ---------------------------------------- RAJAN N.C., NOCHIYIL HOUSE, AMBALLOOR VILLAGE, VARAKKARA P.O., THRISSUR DIST., PIN - 680 325. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENT(S): COMPLAINANT & STATE. ---------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VARANTHARAPPILLY. 2. VINEESH V.K., S/O. KARUNAKARAN VELLAPADI HOUSE,VARAKKARA P.O.,MANNAMPETTA, THEKKEKARA. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1478 of 2010 = = = = = = = = = = = = = = Dated:24.5.2010 ORDER Petitioner, who is the accused in Crime No.188 of 2007 for offences punishable under Sections 341 and 323 IPC, seek to quash Annexure 8 complaint and further proceedings in C.C.No.3859 of 2009 on the file of the J.F.C.M, Irinjalakuda. 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. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 24th day of May, 2010. V. RAMKUMAR, JUDGE sj