IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1922 of 2010() ------------------------- CC.146/2008 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: 4TH ACCUSED -------------------------- MR.MOHAMMED BABU MOOPAN, NIPPON TOYOTA, MOOPAN MOTORS PVT.LTD., BY-PASS ROAD, NETTOOR, COCHIN. BY ADV. SRI.K.RAMACHANDRAN SRI.SAIGI JACOB PALATTY RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 3. M/S.MUTHOOT LEASING AND FINANCE LTD., PATTOM BRANCH, MUTHOOT BUILDINGS, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS BRANCH MANAGER AND POWER OF ATTORNEY HOLDER, MR.L.RODRIGUES, S/O.LATE MR.BEN RODRIGUES. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. `````````````````````````````````````` Crl.M.C.No.1922 of 2010 ``````````````````````````````````````` Dated this the 3rd day of June, 2010 ORDER Petitioner, who is accused No. 4 in C.CNo.146/2008 on the file of Chief Judicial Magistrate Court, Thiruvananthapurma for offences punishable under Sections 120B, 420, 406, 468 & 471 read with Section 34 of I.P.C seeks to quash Annexure-C final report and further proceedings in C.C.No.146/2008 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram. 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 Crl.M.C.No.1922/2010 : 2 : a discharge in absentia. Accordingly if the petitioner files an application for discharge before the court below through their 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 3rd day of June, 2010 V.RAMKUMAR, JUDGE skj