IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 624 of 2010() ------------------------ CRIME NO.6 OF 2005 OF WADAKKANCHERY POLICE STATION PETITIONER/ACCUSED NO.5: --------------------------- P.K.SOMASUNDARAM, PENSIONER, AGED 72 YEARS, PANAPARAMBIL HOUSE, P.O.PERINGOTTUKARA, THRISSUR DISTRICT. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT/COMPLAINANT: -------------------------- STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SRI S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.624 of 2010 -------------------------------------- Dated this the 10th day of June, 2010 ORDER Petitioner, who is the fifth accused in Crime No.6 of 2005 of Wadakkanchery Police Station for offences punishable under Sections 467, 468, 474, 475 & 120(b) of I.P.C., seeks to quash Annexure III final report and all further proceedings in C.C.No.817/2009 on the file of the Judicial Magistrate of the First Class, Wadakkanchery. 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 Crl.M.C.No.624/2010 : 2 : 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. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 10th day of June, 2010. V.RAMKUMAR, JUDGE skj