IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 1998 of 2010() ------------------------- CC.2561/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED NO.7: ---------------------------- KAREEM, S/O.CHEKKOOTTY HAJI, KELOTHPURAYIL HOUSE, KODUVALLY VILLAGE, CHUNDAPURAM AMSOM, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1998 of 2010 = = = = = = = = = = = = = = Dated: 11th day of June, 2010 ORDER Petitioner, who is the 7th accused in C.C.No.2561/2008 on the file of the J.F.C.M Court, Irinjalakuda, for offences punishable under Sections 406 and 420 I.P.C, seeks to quash all further proceedings against the petitioner in C.C.No.2561/2008. 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 Crl.M.C.No.1998 of 2010 2 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 11th day of June, 2010. V. RAMKUMAR, JUDGE dmb