IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3495 of 2010() ------------------------- (CRIME NO.512/2009 OF ERNAKULAM TOWN SOUTH POLICE STATION) CC.2041/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- SHIJIMON MICHAEL, S/O. MICHAEL, VARIKKAL HOUSE, UPPUKANDAM,NEDUMKANDAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERLA, REP. BY THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3495 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER Petitioner, who is the sole accused in Crime No.512/2009 of Ernakulam Town South Police Station for an offence punishable under Section 353 I.P.C., seeks to quash the entire proceedings in C.C.No.2041/2009 on the file of the Additional Chief Judicial Magistrate, Ernakulam. 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 a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below Crl.M.C.No.3495/2010 : 2 : 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. Warrants, if any, pending against the petitioner shall not be executed until the disposal of the discharge petition. V.RAMKUMAR, JUDGE skj