IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3163 of 2010() ------------------------- CC.1324/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): ACCUSED: ------------------------------------------ SAJI KUMAR, S/O.RATNAKARAN NAIR, SAJI BHAVAN, ALAPPURAM, NETTIRACHIRA, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRADEEPCHAND, GALAXY WORLD, INTERNET CAFE, PERUMON, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3163 of 2010 = = = = = = = = = = = = = = Dated: 13th day of August, 2010 ORDER Petitioner, who is the accused in C.C.No.1324/2008 on the file of the J.F.C.M Court-I, Kollam for an offence punishable under Section 420 IPC, seeks to quash all further proceedings. 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. Crl. M.C. No. 3163 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 13th day of August, 2010. V. RAMKUMAR, JUDGE dmb