IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3575 of 2010() ------------------------- SC.43/2010 of ADDL. SESSIONS COURT(ADHOC)III, PATHANAMTHITTA .................... PETITIONER(S): ------------------------ 1. KANAKAN, S/O.RAMACHANDRAN,AGED 35 YEARS, CHERIVU VEEDU, VAZHAYIL VADAKKETHIL, KEEZHCHERIMEL MURIYIL, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 3575 of 2010 = = = = = = = = = = = = = = Dated: 20-08-2010 ORDER Petitioner who is the second accused in Crime No. 104 of 2006 of Adoor Excise Range now pending before the Addl. Sessions (Ad-hoc) Fast Track Court – III, Pathanamthitta as S.C. No. 43 of 2010 for an offence punishable under Section 8 (1) & (2) of the Abkari Act, seeks to quash Annexure – A charge in the above Crime. 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 20th day of August, 2010. V. RAMKUMAR, JUDGE Crl. M.C. No. of 2010 2