IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2679 of 2010() ------------------------- (CRIME NO.218/2001 OF PUNALUR POLICE STATION (RE-NUMBERED AS CRIME NO.41/CR./KLM/02 OF CBCID, KOLLAM) PETITIONER/6TH ACCUSED: --------------- KUNJUMOL W/O.MOHAN JOHN, MOHAN NIVAS, ELAMPAL PO, PUNALUR, KOLLAM. BY ADV. SRI.S.SREEKUMAR SRI.MANOJ RAMASWAMY RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2679 of 2010 ---------------------------------- Dated this the 16th day of July, 2010 ORDER Petitioner, who is accused No.6 in Crime No.218 of 2001 of Punalur Police Station (re-numbered as Crime No.41/CR./KLM/02 of CBCID, Kollam) for offences punishable under Sections 120B, 465, 467, 471, 511 & 420 read with Section 34 I.P.C., seeks to quash Annexure- 1 report and further proceedings pending before the Judicial Magistrate of the First Class -III, Punalur. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2679/2010 : 2 : a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below through her 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 16th day of July, 2010. V.RAMKUMAR, JUDGE skj