IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 3393 of 2009() ------------------------- CC.268/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED ---------------------- RETHNARAJAN ,S/O.LATE M.KRISHNAN NAIR CHEREPPURAM, NILESHWAR VILLAGE, P.O.NILESHWAR HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. M.K.VELAYUDHAN CHITRA VASTHRALAYA, RAJA ROAD, NILESHWAR KASARGOD DISTRICT. SRI.SUNNY MATHEW FOR R2 BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3393 of 2009 = = = = = = = = = = = = = = Dated: 12th day of July, 2010 ORDER Petitioner, who is the sole accused in Crime No.60/2009 of Nileshwar Police Station for offences punishable under Sections 452 and 506(1) IPC, seeks to quash Annexure A5 F.I.R and all further proceedings in C.C.No.268/2009 on the file of the J.F.C.M Court-II, Hosdurg. 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.3393 of 2009 2 of the petitioner for the disposal of the discharge petition. 4. The petitioner has a case that on his request made to the Superintendent of Police, Special Branch, CID (K/R), Kozhikkode, the Dy.S.P of Police, Special Branch, CID, Kasaragod had conducted an enquiry and had found that Crime No.60/2009 of Nileshwar Police Station is a false case. J.F.C.M Court-II, Hosdurg shall call for a report from the Superintendent of Police, Special Branch, CID (K/R), Kozhikkode regarding the enquiry conducted by the Dy.S.P of Police, Special Branch, CID, Kasaragod in the above matter while considering the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 12th day of July, 2010. V. RAMKUMAR, JUDGE dmb